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Trump picks VP candidate with long anti-LGBT history

Gov. Pence signed “religious freedom” bill enabling sweeping anti-LGBT discrimination

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Mike Pence, gay news, Washington Blade

Indiana Gov. Mike Pence is reportedly Donald Trump’s choice as running mate. (Photo by Gage Skidmore; courtesy Flickr)

Donald Trump has selected as a running mate Indiana Gov. Mike Pence, who has a long anti-LGBT record that includes signing into law a “religious freedom” bill enabling anti-LGBT discrimination.

Amid speculation Trump would select Pence as his vice presidential nominee, Donald Trump affirmed Friday on Twitter he had chosen the Indiana governor as the No. 2 person on the Republican presidential ticket.

On Thursday, Roll Call first reported the real state magnate had chosen the Indiana governor as running mate. A report in the Indianapolis Star, Pence’s hometown newspaper, indicated Trump had selected Pence and the Indiana governor would drop his re-election bid in the state to run on the national ticket.

The Trump campaign initially denied the candidate had decided on a vice presidential nominee, although CNN nonetheless reported Trump called Pence to offer him the slot and Pence accepted. On Fox News, Trump told Greta Van Sustren, “I haven’t made my final, final decision” on a vice presidential candidate and said he has about three candidates in mind.

Trump had insisted the announcement would come Friday during an event at 11 am at Trump Tower in New York City, but the event was subsequently cancelled following a deadly terrorist attack in Nice, France that killed 84 people. Upon affirming Pence is his choice Friday morning, Trump has now set his event for 11 am on Saturday.

Called by some in the media a cautious choice for Trump, Pence is a known social conservative and supported in the Republican primary Sen. Ted Cruz (R-Texas). (Trump ended up winning Indiana in the primary anyway even though Pence backed his rival.)

Pence is reviled by many in the LGBT community. The governor rose to national prominence last year after he signed into law Senate Bill 101, which prohibited the state from taking action against an individual acting on sincerely held religious beliefs, including the refusal of services to LGBT people.

“There has been a lot of misunderstanding about this bill,” Pence said at the time. “This bill is not about discrimination, and if I thought it legalized discrimination in any way I would’ve vetoed it.”

The newly enacted law ignited a firestorm in Indiana as LGBT advocates, the business community and local media condemned the measure and called for its repeal. Salesforce announced it would no longer do business in the state out of fear its customers and employees could be subject to discrimination. Connecticut, New York and D.C. were among the jurisdictions that instituted bans on state-sponsored travel to the state.

Pence seemed to exacerbate criticism over the law when he couldn’t deny during an appearance on ABC’s “This Week” the law would enable discrimination against LGBT people. Faced with increasing pressure, Pence signed a “fix” to the “religious freedom” law clarifying the law doesn’t allow anti-LGBT discrimination, although churches, ministers and non-profit religious organizations would be allowed to act on anti-LGBT bias.

According to a 2015 survey by Greenberg Quinlan Rosner Research, 75 percent of state residents said passing the state law was bad for Indiana’s economy and 70 percent said businesses shouldn’t be able to refuse services to someone because of sexual orientation or gender identity.

Chad Griffin, president of the Human Rights Campaign, condemned Trump in a statement for choosing Pence and said the candidate has recommitted himself to an anti-LGBT agenda with the selection.

“Donald Trump just doubled down on his agenda of hate and discrimination by choosing the notoriously anti-LGBTQ Mike Pence for his ticket,” Griffin said. “Mike Pence has never left any question about his animus toward LGBTQ people, from peddling a hateful and damaging ‘right to discriminate bill’ in Indiana last year, to his longstanding opposition to marriage equality — positions shared by Donald Trump.”

John Podesta, chair of Hillary for America, said in a statement Trump has chosen “an incredibly divisive and unpopular running mate” who’s espoused discriminatory politics and failed economic policies.

“Pence is the most extreme pick in a generation and was one of the earliest advocates for the Tea Party,” Podesta said. “He was the first of GOP leadership to join Michele Bachmann’s Tea Party Caucus. As governor, Pence personally spearheaded an anti-LGBT law that legalized discrimination against the LGBT community, alienated businesses, caused boycotts, lost investments and embarrassed Hoosiers — a law he was later forced to revise.”

The anti-LGBT actions from Pence as governor aren’t limited to him signing the “religious freedom” law. After the Obama administration issued guidance ensuring transgender students have access to the restroom consistent with their gender identity, Pence said, “The federal government has no business getting involved in issues of this nature.”

Pence, an opponent of same-sex marriage, backed a proposed state constitutional amendment in Indiana seeking to ban same-sex marriage, but the measure failed in the legislature. The governor supported efforts to defend the state’s statutory ban on same-sex marriage as litigation proceeded against the law and ultimately won marriage equality in Indiana.

White House Press Secretary Josh Earnest said he’s unsure about the extent to which President Obama has interacted with Pence when asked about Obama’s opinion on the governor.

“I know that Gov. Pence did do some important work with the administration to expand Medicaid in his state,” Earnest added. “That’s something that President Obama has been encouraging Democratic and Republican governors across the country to do. But look, I’ll leave it to the individual candidates to determine who they believe would best complement their skills and could lead their party on the national ticket.”

Earnest restated Obama’s opposition to state anti-LGBT laws when asked a follow-up question on Pence’s signing an anti-LGBT “religious freedom” bill into law.

“Obviously the President has had a pretty strong negative reaction to state laws that are focused on taking rights away from people,” Earnest said. “But other than that, I think Gov. Pence is chosen, these are the kinds of questions that he’ll have to answer under the national spotlight.”

Pence consistently got “0” on HRC scorecard

But Pence has held anti-LGBT views long before he was elected governor. As a member of the U.S. House from 2003 to 2013, Pence as a Family Research Council-backed lawmaker consistently received a score of “0” on the Human Rights Congressional scorecards for each of the five terms he was in office.

Pence voted in favor of a U.S. constitutional amendment that would have banned same-sex marriage in 2004 and 2006 and opposed “Don’t Ask, Don’t Tell” repeal, a version of the Employment Non-Discrimination Act and hate crimes protections legislation.

In 2000, Pence’s congressional campaign declared he wouldn’t back federal funding to care for people with HIV/AIDS unless money was cut to programs “that celebrate and encourage the types of behaviors that facilitate the spreading of the HIV virus,” advocating instead for programs to change “sexual behavior.”

Speaking against ENDA on the House floor in 2007, Pence said, “If an employee keeps a Bible in his or her cubicle, if an employee displays a Bible verse on their desk, that employee could claimed by a homosexual colleague to be creating a hostile work environment.”

Trump selects Pence as his running mate after he asserted he asserted he’d be a better friend to the LGBT community than his rival for the White House, Hillary Clinton. On Thursday, Trump unveiled his list of speakers for the Republican National Convention next week in Cleveland and, according to the Huffington Post, among them was gay billionaire Peter Thiel, a co-founder of PayPal and board member of Facebook.

Although observers have said Trump hasn’t had as much vitriol for LGBT people as he has had for other minority groups, Trump has told social conservatives to “trust” him to oppose same-sex marriage, said he would “strongly consider” appointing U.S. Supreme Court justices who would reverse marriage equality and offered conditional support for the First Amendment Defense Act, a “religious freedom” bill seen to enable anti-LGBT discrimination.

John Fluharty, who’s gay and former chair of the Delaware Republican Party, was optimistic that Trump would more freely advocate moderate views now that he’s chosen a social conservative as a running mate.

“I’m hoping this is a strategic move designed to allow Trump unleash his moderate self knowing that Pence has the right flank nailed down,” Fluharty said. “If it’s not then we have a problem.”

Matt McTighe, executive director for Freedom for All Americans, said Trump’s selection of Pence was indicative of a downward trend in terms of the candidate’s support for LGBT rights.

“Reports of Donald Trump’s selection of Gov. Pence as a running mate are deeply troubling,” McTighe said. “First he was silent when the Republican Party advanced the most virulently anti-LGBT platform in American history. He has said he will sign into law legislation that has been introduced in Congress that would legalize discrimination against LGBT Americans. And now he is putting the man who led the fight for state-sanctioned discrimination in Indiana right next to him on the ticket.”

Reports emerge Trump has selected Pence as his running mate in the same week the Republican National Committee’s drafted a proposed 2016 platform called the most anti-LGBT platform in history. Among other things, it seeks to overturn the U.S. Supreme Court ruling for same-sex marriage, endorses widely discredited “ex-gay” conversion therapy and opposes allowing transgender people to use the restroom consistent with their gender identity.

Earnest declined to comment directly on the platform Thursday when asked by the Washington Blade if it posed a threat to progress seen under the Obama administration. Instead, Earnest spoke generally about inaction from congressional Republicans.

“There’s a real question inside the Republican Party about what it is that they stand for,” Earnest said. “And it’s not clear what they stand for because they’ve had Republicans in Congress for the last year and a half that haven’t advanced their own agenda. They’ve been much more focused on just trying to throw sand in the gears of the president’s agenda.”

But Earnest acknowledged under a follow-up question from the Blade opposition to same-sex marriage and discrimination against transgender people seeking restroom use are things with which Obama disagrees.

“They are,” Earnest said. “And again, I think it is indicative of Republicans’ inability or refusal to put forward their own proactive agenda. Instead — again, based just on what you’ve said — it sounds like even their party platform is focused on just trying to tear down a bunch of things that President Obama believes in. Again, I think the American people have higher expectations for their leaders who are entrusted with so much responsibility.”

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9 Comments

9 Comments

  1. Brooks Austin

    July 15, 2016 at 1:03 am

    Is Josh Earnest incapable of stating an opinion without filtering it through Obama first?

  2. Jim Driscoll

    July 15, 2016 at 3:58 am

    Do Trump and Manafort realize that a choice of Pence will flash a big red “forget about it” signal to millions of LGBTQ, their friends, and families who might otherwise consider punching their chads for Trump? No way is Pence a “safe choice” for Trump or for LGBTQ voters and our many friends; he could become the worst VP disaster since Thomas Eagleton. To add injury to insult, Pence is totally in bed with Hillary and against both Trump and Bernie on TPP, the big banks, globalism and America’s sclerotic establishment. RWCA was Hatch-Kennedy’s gift, forcing FDA to approve the cocktails early was due in large part to Gingrich, and pushing thru FDA rapid HIV testing was a Bush achievement along with PEPFAR. Pence’s “know-nothing” record on AIDS is an insult to these fine Republican HIV achievements.

  3. slowe11

    July 15, 2016 at 7:57 am

    I feel sorry for those Log Cabin Republicans. How can they een still exist? How?

    • Brian's Ions

      July 15, 2016 at 8:30 am

      Hey, forget LCR. They’ve been doing 4-point grovels for GOP scraps for decades.

      Get this… yesterday, MSNBC’s Chris Matthews solemnly opined to Brian Williams that he thought Pence was a good choice by Trump. Williams didn’t raise any question at all about Pence’s longstanding record of homophobic hate.

      MSNBC??? Maybe some news between commercials.
      ———-
      **
      But Pence has held anti-LGBT views long before he was elected governor. As a member of the U.S. House from 2003 to 2013, Pence as a Family Research Council-backed lawmaker consistently received a score of “0” on the Human Rights Congressional scorecards for each of the five terms he was in office.**

      • customartist

        July 15, 2016 at 9:26 am

        I think he meant good for Republicans

        • Brian's Ions

          July 15, 2016 at 12:51 pm

          Possibly. But neither Matthews nor Wiliiams indicated that. Franky, it sounded like an endorsement of Pence by Matthews.

          Here is another possibility…
          Maybe Chris Matthews and Brian Williams really don’t think denying public accommodations to LGBT people is a civil rights issue worthy of consideration on MSNBC.

          Rachel Maddow, on the other hand, did a pretty extensive piece regarding the issue on Wednesday night.
          Vid clip here…
          http://on.msnbc.com/29FaPRC

          One would think that Matthews and Williams would at least be conversationally familiar with LGBT civil rights issues.
          .

    • Mr. M

      July 15, 2016 at 8:34 am

      Because they grew up in Conservative households.

    • customartist

      July 15, 2016 at 9:25 am

      I believe that they MUST have been bought

  4. Janet

    July 16, 2016 at 12:01 pm

    Since when do we attack citizens by strong arming them to participate in events against their beliefs? It’s not just the LGBT community that deserve freedom but these people as well. Are they less free? What happened to equality for all? The freedom to practice or not a religion in tune with our values. Do LBGT want a government that controls thoughts and expression? These people just want right to choose the “activity of involvement in marriage” that “their religion doesn’t recognize. Not the right to deny a service of product as a whole. Sorry, the LGBT deserves the right to freedoms but not at the expense of losing freedoms of others.

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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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