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LGBT rights vs. ‘religious freedom’ on full display at hearing

Frank, Obergefell testify against First Amendment Defense Act



First Amendment Defense Act, gay news, Washington Blade
First Amendment Defense Act, gay news, Washington Blade

Sen. Mike Lee (R-Utah) and Rep. Raúl Labrador (R-Idaho) spoke at a hearing for ‘religious freedom’ on July 12, 2016. (Washington Blade photo by Michael Key)

The national debate between LGBT rights and anti-LGBT discrimination in the name of “religious freedom” was on full display Tuesday during a congressional hearing on the First Amendment Defense Act.

The House Committee on Oversight & Government Reform held the three-and-a-half hour hearing on the federal legislation on the one-month anniversary of the mass shooting at a gay nightclub in Orlando, Fla., that left 49 people dead and 53 wounded.

Rep. Jason Chaffetz (R-Utah), chair of the committee, said during his opening statement he convened the hearing because free exercise of religion “has been and still is the fundamental part of the foundation of our nation.”

“Religion is part of what so many Americans believe in, that is their choice to believe in,” Chaffetz said. “It does not mean I want to hurt or restrict somebody else of their rights, their pursuit of happiness.”

Introduced by Rep. Raul Labrador (R-Idaho) in the U.S. House and Sen. Mike Lee (R-Utah) in the U.S. Senate, the First Amendment Defense Act would block federal government action against individuals and businesses that oppose same-sex marriage on religious grounds, but critics contend it would legalize anti-LGBT discrimination in the name of “religious freedom.”

Opponents of the First Amendment Defense Act say it would allow businesses to withhold benefits from LGBT employees, allow companies to deny time off to an employee to care for a same-sex spouse and permit housing discrimination against same-sex couples.

The legislation has undergone changes since it was first introduced. Among other things, it now would prevent federal government action against individuals and businesses that oppose same-sex marriage and sexual relations outside of marriage as well as action against individuals who support gay nuptials.

Also now excluded from the religious protections the bill affords are federal employees acting within the scope of government, for-profit federal contractors acting within the scope of that contract as well as hospitals and nursing homes for the purposes of visitation and medical treatment.

Both Labrador and Lee testified in favor of the bill before the committee, but didn’t stay to take any questions from committee members.

Lee said the First Amendment Defense Act is necessary as a result of uncertainty felt by opponents of same-sex marriage in the aftermath of the U.S. Supreme Court decision last year in favor of marriage equality nationwide.

“What an individual or an organization believes about marriage is not and never should be any of the government’s business,” Lee said. “It certainly should never be part of the government’s eligibility rubric in distributing licenses, awarding accreditations or issuing grants, and the First Amendment Defense Act simply ensures that this will always remain true in America.”

The legislation has 171 co-sponsors in the House and 37 co-sponsors in the Senate, but only one, Rep. Dan Lipinski (D-Ill.), is a Democrat.

Rep. Elijah Cummings (D-Md.), top Democrat on the committee, said during his opening statement the hearing marks a “terribly sad day” for LGBT people and the nation because of the one-month anniversary of the Orlando shooting.

“As I sit here now, it is difficult to imagine a more inappropriate day to hold this hearing,” Cummings said. “Even if you truly believe that being gay is morally wrong, or that people should be allowed to discriminate against gay people, why in the world would you choose today of all days to hold a hearing on this discriminatory legislation? To say this hearing is ill-timed is the understatement of the year.”

Cummings asked during his opening statement for Labrador and Lee to address what is the difference between discriminating against someone for being gay and being black.

“With everything going on in the country right now — these horrific shootings of gay people, black people, police officers — what we should be doing is coming together as a nation, not tearing each other apart, which is exactly what this bill does,” Cummings said.

Responding to Cummings, Labrador insisted in his testimony “our bill does not take away anyone’s rights” or enable discrimination against LGBT people.

“We have gone through painstaking time and effort to make sure that this takes nothing away from any individual, but in a measured way, we protect the right enshrined in the Constitution,” Labrador said.

Representing conservative concerns that inspired the legislation during the hearing was former Atlanta fire chief Kelvin Cochran, who was suspended without pay, then terminated last year after he distributed to subordinates a book he wrote that expressed a biblical condemnation of homosexuality.

“Only a few paragraphs of the 162-page book address teachings, biblical teachings, on marriage and sexuality, verses taken directly from the Holy Scripture,” Cochran said. “Yet the City of Atlanta’s officials, including Mayor Reed made it clear that it was those beliefs that resulted in my suspension, the investigation and my termination.”

Recalling the racial discrimination he faced at the start of his firefighting career, Cochran said he “made a promise that if I were ever in charge no one would have to go through the horrors of discrimination that I endured because I was different from the majority.”

Cochran said that’s why he created a doctrine for Atlanta fire rescue personnel that he said protected every member of the department and the community it serves.

Counterbalancing Cochran among the minority witnesses was Jim Obergefell, the lead plaintiff in the lawsuit that won same-sex marriage before the Supreme Court. During the hearing, Obergefell talked about his story as he cared for his dying spouse, John Arthur, but was unable to obtain state recognition of his marriage.

“As important that it is that same-sex couples like John and I have the ability to obtain a civil marriage license in any state of the country, it is also critically important that this constitutional right is not undermined by proposals like this legislation that would subject loving couples like me and John and other LGBTQ people to discrimination,” Obergefell said.

First Amendment Defense Act, gay news, Washington Blade

Jim Obergefell speaks at a hearing about the First Amendment Defense Act. (Washington Blade photo by Michael Key)

Former Rep. Barney Frank, who’s gay and in a same-sex marriage, offered testimony against the legislation that was characteristically colorful, saying the measure is “very personal” because it singles out a particular religious tenet for protection under current law.

“This is a legislative enactment that essentially the fact that I live in a loving, committed marriage with another man is somehow a threat to other people’s freedom, and that Congress has to single that out to act against it,” Frank said.

Among other things, Frank condemned the legislation because it would allow a non-profit housing organization to collect taxpayer money, including from LGBT people, and subsequently deny that housing to them on the basis of opposition to same-sex marriage.

Frank also said the legislation would disadvantage children being raised by gay couples by allowing agencies receiving federal grants to deny benefits to same-sex households and, even though the bill excludes federal workers, would allow state workers administering federal programs to discriminate against LGBT people.

Under questioning, Frank said he doesn’t think Cochran should have been fired and admitted he’d support a bill prohibiting the termination of an employee from expressing opposition to same-sex marriage, so long as that opinion isn’t relevant to the position, but doesn’t think the First Amendment Defense Act accomplishes that.

Katherine Franke, a law professor and director of Columbia University’s Center for Gender & Sexuality Law, testified against the legislation on the basis that it “creates an absolute immunity for opponents of same-sex marriage.”

“Even more worrisome than the fact that FADA is creating a solution to a problem that doesn’t exist, FADA does not defend, but rather violates the First Amendment,” Franke said. “It does so by unsettling the delicate balance our Constitution and our courts have struck between protecting the free exercise of religion and preventing the establishment of religion by the federal government.”

Under any reading of the bill, Franke said the First Amendment Defense Act wouldn’t provide relief to Cochran because it would “never address” the facts of his termination as Atlanta fire chief.

Kristen Waggoner, senior counsel and senior vice president of U.S. legal advocacy for the anti-LGBT Alliance Defending Freedom, testified in favor of the bill on the basis the protections it affords are narrowly crafted.

“We’ve already today heard tall tales that Americans will lose rights under FADA if it is adopted,” Waggoner said. “Let us be clear that is not true. FADA is very limited in scope and it does not take away civil rights protections. Any suggestion to the contrary is not supported by the bill’s text.”

Matthew Franck, a political science professor from the New Jersey-based Witherspoon Institute, said the bill is needed because the Supreme Court’s marriage decision “cast a shadow” on “religious freedom.”

“The reasonable belief that the true meaning of marriage is its traditional meaning, the conjugal union of a man and a woman, can be expected to persist among millions of our fellow citizens,” Franck said. “In part, this is because that view is supported by their religious faith, though moral convictions on this subject can be strongly held for non-religious reasons, too.”

Franck compared the First Amendment Defense Act to the Hyde Amendment, which passed in 1976 to bar federal government payments on abortion after the U.S. Supreme Court affirmed a woman’s right to the procedure in the 1973 Roe v. Wade decision.

Republicans on the committee expressed support for the bill as a means to protect “religious freedom” while Democrats said it would undermine LGBT rights. Generally, the committee members sought validation of their views by questioning witnesses in line with their perspective without seeking comment from the other side.

Del. Eleanor Holmes Norton (D-D.C.) said language in the First Amendment Defense Act defining D.C. as part of the federal government would effectively “make the capital of the nation a discrimination zone” for LGBT people.

“On behalf of the people that I represent in the District of Columbia of every sexual orientation, I’m deeply offended by this bill because it is not only an attack an our own LGBTQ community’s rights we have gone very far in protecting, but it is an attack on the sovereignty of the District of Columbia itself,” Norton said.

Rep. Jim Jordan (R-Ohio), a committee member and founder of the House Freedom Caucus, was among the Republicans expressing indignation over Cochran’s firing, saying “people like Cochran are heroes.”

“That is exactly why we have a First Amendment,” Jordan said. “You do not have to check your beliefs, right? That’s what this country is about when you talk about the First Amendment. You have to check your beliefs at the door? Are you kidding me? That’s why this bill is so important.”

The next steps for the legislation weren’t immediately known. Rep. Mark Meadows (R-N.C.), who filled in as chair of the committee after Chaffetz departed, obtained commitments from Franke and Waggoner to come to an agreement on a change to the bill that would ensure it doesn’t impinge on federal civil rights law.

House Committee on Oversight & Government Reform didn’t respond to the Washington Blade on when, if at all, the committee would seek to move the legislation for a vote on the House floor.

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  1. Mr. Right

    July 12, 2016 at 6:58 pm

    Religious liberty trumps the rights of people who openly defy the Word of God.

    • lnm3921

      July 12, 2016 at 9:35 pm

      Marriage is a civil matter not a religious one. You don’t need religion to marry but you do need the state to legally recognize it. Putting religion into it is a choice not a mandate.

      You are free to worship God as you please, in your home and at any religious institution such as a church. That’s as far as it needs to go. Religion has no business imposing itself in the secular world which should be a neutral playing field for everyone.

      Cochran as Atlanta Fire Chief abused his authority imposing his views on homosexuality on his subordinates. He created a hostile work environment for those that disagreed with his views fearing retaliation for disagreeing. If you’re homosexual why should you be harassed by an unwanted attack on your person? When a person goes to work, they go to earn a living not to receive a lecture or a sermon. He violated the neutrality of a secular workplace. Why was he using city resources financed by the taxpayer likely to distributed literature on his beliefs at the workplace? He was not paid to do that. Termination was justified. People like Cochran violate human dignity and decency cloaking it with claims of religious freedom.

      • Robyn Ryan

        July 12, 2016 at 11:44 pm

        Christianity makes white men gods. Just like Jesus.

        • lnm3921

          July 13, 2016 at 12:03 am

          It’s not just white men and it’s not just restricted to the Christian religion.

    • Robyn Ryan

      July 12, 2016 at 11:43 pm

      The right to swing your religious arm ends where my secular nose begins.

      • Kepha Hor

        July 13, 2016 at 8:52 am

        And the right to swing your secular arm ends where my religious nose begins. Good luck when your Muslim allies become dominant.

        • lnm3921

          July 13, 2016 at 8:00 pm

          Where would that nose be buried in with a name like Hor?

  2. Katrina Rose

    July 12, 2016 at 8:39 pm

    “that is their choice to believe in”

    There goes that ‘only immutable characteristics deserve protection’ argument – up in smoke!

    Thanks Jason!

  3. Robyn Ryan

    July 12, 2016 at 11:43 pm

    Did you think they’d stop with stripping women’s rights?

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

No political willpower to force vote or reach a compromise



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Defendant implicated in three anti-LGBTQ incidents since 2011



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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