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One year after marriage ruling, pockets of defiance remain

Counties in Alabama refuse to issue licenses to gay couples

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NOM, National Organization for Marriage, gay news, Washington Blade

NOM, National Organization for Marriage, gay news, Washington Blade

Resistance to same-sex marriage remains in certain pockets of the country. (Washington Blade file photo by Michael Key)

The first anniversary of the U.S. Supreme Court decision that brought marriage equality to the entire country is on Sunday, but there are areas in which same-sex couples still face challenges in obtaining a marriage license.

Although the decision is overwhelmingly enforced throughout the U.S., the South remains a region where in some places same-sex couples aren’t assured a marriage licenses despite the decision in Obergefell v. Hodges finding that said banning gay nuptials is unconstitutional.

Jasmine Beach-Ferrara, executive director of the Campaign for Southern Equality, said same-sex couples by and large are able to marry in the South, but LGBT people in the region still face discrimination as a result of state laws that undermine their rights.

“A year into marriage equality we see two competing realities in the South,” Beach-Ferrera said. “On the one hand, same-sex couples are marrying across the South, living more openly and experiencing increasing support. But at the same time, anti-LGBT politicians are devising laws – like HB 1523 in Mississippi and SB 2 and HB 2 in North Carolina — that are a backlash to Obergefell and that target the LGBT community for continued discrimination. LGBT Southerners navigate the tension between these realities everyday in countless ways.”

Alabama

Alabama is the state where obstruction to same-sex marriage is the most pervasive. According to the American Civil Liberties Union of Alabama, 12 of the state’s 67 counties are still not granting marriage licenses to same-sex couples.

Of these 12, 11 counties — Choctaw, Washington, Marengo, Clarke, Covington, Geneva, Pike, Bibb, Autauga, Elmore and Cleburne — are enforcing a “no licenses” policy to all couples, gay or straight, in the aftermath of the decision. Another county, Coosa, is issuing licenses, but says it’s unable to grant them to same-sex couples because of “technical difficulties.”

Brock Boone, staff attorney for the ACLU of Alabama, said she was told by the clerk these technical difficulties started around the time of “this same-sex stuff.”

“I asked her in December when they plan to fix it, and she was unsure,” Boone said. “I asked in February when it has no been fixed, again she was unsure. Then I asked in June, still unsure and no plans for it to be fixed. They have been marrying opposite-sex couples since Obergefell, but have not married any same-sex couples.”

Unlike other states, Alabama has seen additional confusion despite the Obergefell decision as a result of now suspended state Chief Justice Roy Moore and the Alabama Supreme Court insisting federal court decisions on same-sex marriage don’t apply to the state. Even after the U.S. Supreme Court decision was handed down, the Alabama Supreme Court in March refused to withdraw its order against same-sex marriage.

U.S. District Judge Callie V. Granade, who issued the initial ruling in favor of same-sex marriage in Alabama, issued an order earlier this month clarifying marriage equality has come to the state despite “the failure of the Alabama Supreme Court to set aside its earlier mandamus order.”

Despite the order, Boone said “there is no indication” that after the latest ruling these counties will now issue marriage licenses to same-sex couples, but additional litigation could happen “once we have a couple willing to serve as plaintiffs.”

North Carolina

In North Carolina, an obstruction to marriage equality is Senate Bill 2, which enables magistrates in the state to “opt out” of performing marriages if they have a religious objection. Invoking the “opt out” means a magistrate cannot perform any marriage, gay or straight, for a six-month period. After the six months passes, the exemption can be renewed.

The legislature enacted the measure last year by overriding the veto of Gov. Pat McCrory, who’s now known for signing into law House Bill 2, the measure that blocked local pro-LGBT ordinances and banned transgender people from using the public restroom in schools and government buildings consistent with their gender identity. At the time of his veto, McCrory said “no public official who voluntarily swears to support and defend the Constitution and to discharge all duties of their office should be exempt from upholding that oath.”

According to the North Carolina Administrative Office of the Courts, a total of 29 magistrates as of this week have recused themselves from performing civil marriages in the state, but the names of magistrates who’ve recused themselves aren’t public because that is protected by a public records law. The Judicial Branch has about 670 magistrates statewide.

The law stipulates a magistrate must be on hand to perform marriages in a county office and allows magistrates to assume that task if all officials in a particular invoke the exemption. Late last year, all magistrates in the McDowell County Clerk of Superior Court reportedly invoked the exemption, requiring magistrates from Rutherford County to fill in for officials and limiting the hours McDowell County offers marriage services.

Mississippi

In Mississippi, marriage equality may be compromised by the sweeping “religious freedom” bill recently signed into law by Gov. Phil Bryant. A component of law, which among other things allows businesses and individuals to deny services to LGBT people, permits clerks and registers of deeds to recuse themselves from facilitating same-sex marriages, although they must ensure the licensing of legally valid marriage, including same-sex marriages, aren’t impeded as a result.

Zakiya Summers, a spokesperson for the ACLU of Mississippi, said she’s unaware of same-sex couples being unable to obtain marriage licenses as a result of the law, but added it “plays an interfering role” in marriage equality.

“Bottom line is that when it comes to being able to earn a living, having a place to live, or being served by a business or government office, gay and transgender Mississippians should be treated like everyone else and not be discriminated against just because of who they love, who they are married to, or if they’re unmarried,” Summers said. “They should not have to deal with a separate system with separate rules.”

At least three federal lawsuits are challenging Mississippi’s “religious freedom” law. This week, U.S. District Judge Carlton Reeves refused to block enforcement of the law as litigation against it remains ongoing on the basis of no “imminent risk of injury.”

Texas

In Texas, at least one county clerk — Molly Criner of Irion County — has suggested she would deny marriage licenses to same-sex couples, although none has apparently sought a marriage license in her office.

Criner in the aftermath of the Obergefell ruling pledged to reject the decision — or even allow deputies in her office to issue marriage licenses to same-sex couples — comparing herself to those in Nazi Germany who refused to help the government hunt down Jewish people.

“This, of course, is something the voters of Texas have voted on and come to a different conclusion,” Criner said. “It’s something that our legislators have come to a different conclusion about. I was dismayed, of course, with the ruling, and do not believe that lines up with God’s law and God’s plan for us.”

On Wednesday, Criner told the Washington Blade she won’t “discuss marriage policy over the phone” when asked if she now would give a marriage license to a same-sex couple.

“But we can tell you that anybody who applies for a marriage license needs to come and bring ID and both parties need to show up, and then we’ll evaluate their qualifications at that time,” Criner said.

Asked by the Blade whether it’s still her position she would deny a marriage licenses to a same-sex couples, Criner replied, “We don’t discuss marriage policy over the phone.”

Kentucky

One state that previously had issues with issuing marriage licenses to same-sex couples, but now apparently has resolved them, is Kentucky.

Rowan County Clerk Kim Davis gained notoriety last year for refusing marriage licenses to same-sex couples, which led to a federal judge sentencing her to jail for three days for being in contempt of court. Although she agreed not to interfere with the issuing of marriage licenses, she removed her name from them and instead said they were issued “pursuant to federal court order.”

Another clerk, Casey County Casey Davis (no relation to Kim Davis,) had also pledged to defy the Supreme Court ruling and halted the distribution of marriage licenses to all couples in his office. In October, Davis at least partially relented, saying he would begin to distribute marriage licenses in his office, although not to same-sex couples.

But that seems to have changed. On Wednesday when the Blade reach out to Davis’ office over the phone, Jamie McGowan, who identified himself as a clerk who works with Davis, replied “yes” when asked if a same-sex couple would be eligible to receive a marriage license in that office.

Chris Hartmann, director of the Kentucky-based Fairness Campaign, said to his knowledge “there are no counties where marriage licenses are being denied” in his state.

In fact, Hartmann said LGBT advocates won a victory on marriage licenses with the support of Kim Davis and newly-elected Republican Gov. Matt Bevin.

“The Kentucky Senate proposed separate but equal marriage licenses — one for straight couples that said ‘Bride and Groom,’ and one for LGBTQ couples that said ‘Party 1 and Party 2,” Hartmann said. “After much debate, both Davis and Bevin endorsed our proposed single marriage license form that allows people to check a box to identify as ‘Bride,’ ‘Groom,’ or ‘Spouse.’ After an initial defeat, the measure passed both the House and Senate unanimously.”

Evan Wolfson, former president of the now closed Freedom to Marry, denied the pockets of marriage inequality in the country undermine the significance of the marriage decision.

“The fact that there is a sprinkling of acting out and posturing doesn’t take away from the victory, the momentum, and the fact that more than 1,000,000 gay people have now married in the U.S., with many more to come here and around the world,” Wolfson said. “And we keep working.”

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  1. RABNPA

    June 23, 2016 at 3:42 pm

    One year later I am still looking for Mr. Right!

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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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