Connect with us

homepage news

Gay Republicans optimistic about Trump presidency

Obama’s LGBT executive orders on the line

Published

on

LGBT Republicans, gay news, Washington Blade
LGBT Republicans, gay news, Washington Blade, gay Republican

Robert Kabel, a gay member of the RNC from D.C., said he is hopeful that Donald Trump would not repeal the pro-LGBT executive orders issued by President Obama. (Washington Blade photo by Michael Key)

On the eve of President-elect Donald Trump’s inauguration, gay Republican activists from D.C., Florida, and Nevada told the Washington Blade they expect LGBT people will benefit from the incoming Trump administration on a wide range of issues.

The activists, including Robert Kabel, the gay member of the Republican National Committee from D.C., said they were hopeful that Trump would not repeal the LGBT supportive executive orders issued by President Obama.

“I’m very hopeful,” Kabel said. “If you go all the way back to 2004 when George W. Bush had proposed a constitutional amendment [to ban same-sex] marriage to today, where the Supreme Court has ruled and President-elect Trump has said that’s settled law, that’s an enormous change,” he said.

Concerning Trump’s positions on other LGBT issues, Kabel said he believes the Trump White House will be open to input from groups like Log Cabin Republicans, the national gay GOP group that says it has met with members of Trump’s transition team.

“He talked about gays in his acceptance speech at the Republican National Convention,” said Kabel. “In the last couple of weeks I heard him say at least once in an interview that the Supreme Court decision on marriage is settled law. And in his book, that’s the end of it.”

Gay Republican activist James Driscoll of Nevada, who emerged as a Trump supporter during the Republican primaries in early 2016, said he too was optimistic that Trump’s support on LGBT issues would take precedent over other Republican Party leaders who are not supportive on those issues.

“For gay people this should be a time of hope and celebration,” said Driscoll. “We have the most pro-gay Democratic president ever, Obama, succeeded by the most pro-gay Republican president, Trump. What’s not to like about that?”

But Driscoll said Trump would have a challenge in overcoming the lack of support he received from LGBT voters as shown in election exit polls last November.

“To change that, Trump will need to build a cadre of effective and respected gay Republican thought leaders,” Driscoll told the Blade. “Peter Thiel is great, but he is not enough. Appointments, and much more outreach are necessary to build a Republican political infrastructure among LGBT’s that approaches even the Republicans’ all too limited infrastructure in the black and Hispanic communities.”

Jose Cunningham, the gay chair of the D.C. Republican Party, said Trump’s home base of New York City has given him an awareness of the nation’s large urban centers where many LGBT people live.

“I think as LGBT residents in Washington, D.C., we’re going to benefit as are other big cities’ LGBT communities from his infrastructure plan,” Cunningham said. “Quite frankly we know that roads and bridges and the other infrastructure needs are going to be important to him and that’s going to help us.”

Cunningham, who won unanimous re-election to his post as D.C. GOP party chair last week, said Trump and his campaign team worked behind the scenes to “water down” the anti-gay language in the GOP platform that emerged from the Republican Convention.

Jill Homan, the lesbian Republican Committeewoman from D.C. and a small business owner, said she believes many in the LGBT community are interested in issues like tax reform, school and educational reform, and school choice that she noted Trump stressed during his election campaign.

“When you say LGBT issues I think it’s broader than one particular issue like same-sex marriage,” Homan said. “We have families,” she said. “In fact, my family has a wide range of issues that includes issues that benefit small businesses, tax reform and education. Those are issues that are very impactful for our community and I think he’s going to be really terrific on those issues.”

Chris Allen, president of the D.C. Chapter of Log Cabin Republicans, said he’s optimistic that Trump’s role as a businessman has brought him in contact with LGBT people in a positive way.

“Throughout Trump’s long business career, he has worked with numerous people from the LGBT community, attended same-sex weddings, made donations to AIDS charities and organizations, and has enforced nondiscrimination policies within his businesses,” Allen said.

“I think there are many areas where Trump’s bottom-line, business thinking will result in wins for the LGBT community,” Allen said.

Gene Sides, president of the Log Cabin Republicans of Broward County, Fla., which includes the Ft. Lauderdale area, said he is pleased with the people Trump has been appointing to high-level positions in his administration.

In a statement released earlier this month, Sides said the Trump appointees represent a “professional and demographic diversity” that would benefit his administration. His statement did not address concerns raised by LGBT activists that many of Trump’s appointees have records opposing LGBT rights.

“Frankly, I am excited by the personnel choices being made by President-elect Trump and believe he is surrounding himself with team members who know how to make things happen,” Sides said. “Good luck to them!”

Gregory T. Angelo, president of the national Log Cabin Republicans, said his organization has had an ongoing dialogue with the Trump transition team on LGBT and other issues, a development, he said, that gives him optimism that the Trump administration will be sympathetic on LGBT issues.

“We’re taking nothing for granted,” he said. “One of our first priorities is preservation of the LGBT non-discrimination executive order. And in support of that effort we submitted a white paper to the Trump transition team yesterday [Jan. 18] at their request outlining the reasons why preserving non-discrimination protections via the nation’s executive office is not only important but necessary and right for America,” Angelo told the Blade.

Asked whether Log Cabin has learned of plans by Trump to rescind the non-discrimination executive order on LGBT federal workers and another one issued by President Obama banning anti-LGBT employment discrimination by federal contractors, he said he wasn’t aware of anything specific.

“As I believe you know, during the campaign Mr. Trump stated he would rescind all of President Obama’s ‘unconstitutional’ executive orders on day one,” Angelo said, adding that this was why Log Cabin is pushing for retaining the LGBT-related executive orders.

“I would just add that Log Cabin Republicans is the only LGBT advocacy organization that is committed to working with Donald Trump that has been invited to advise the president on LGBT issues and that has an ongoing dialogue with his transition team and the incoming administration,” Angelo said.

Continue Reading
Advertisement
23 Comments

23 Comments

  1. Edward Cibener

    January 19, 2017 at 12:21 pm

    If he is so pro-Gay, then why does he try to appoint admitted homophobes Sessions, Carson, Devos, etc.-Gay Republicans-wake up and get your head out of the sand-he is using you and so is the Republican party-they are mostly a party of right-wing religious fanatics, morons, uneducated midwesterners-I as a Bay Area person would never feel comfortable among them. Gay Republicans are an outright lie and outrage to the Gay community!

    • Count Dracula

      January 19, 2017 at 2:05 pm

      Just remember, bitter little loudmouth cockgobblers like you are the real reason their is anti gay discrimination

      • Kathy11

        January 19, 2017 at 3:14 pm

        Pretty sure it’s a holes like you.

        • Count Dracula

          January 19, 2017 at 3:24 pm

          Don’t you have a rug to munch on?

          • Kathy11

            January 19, 2017 at 3:28 pm

            You’ve never put your tongue on a woman?

            Sad. Actually, pathetic.

          • Count Dracula

            January 19, 2017 at 3:35 pm

            You realize that’s about as stupid and random as me saying

            You’ve never driven a car?

            Pathetic

          • Kathy11

            January 19, 2017 at 3:38 pm

            Then it was pretty stupid to mention it in the first place; wasn’t it scheisse for brains?

          • Count Dracula

            January 19, 2017 at 3:45 pm

            Why? I was responding to the post that gay Republicans are an outrage to gay people. Although I’m not gay, I fully support the gay Republicans in the Republican Party. But he’s basically just calling every single one of them a low life. So I was just stooping to his level. Sorry cupcake, but the days of ‘we can do that to you, but you can’t do that to us’ are O-ver. Get used to it.

          • Kathy11

            January 19, 2017 at 3:48 pm

            It’s always the small Richard ones who try to overcompensate.

          • Count Dracula

            January 19, 2017 at 4:12 pm

            Once again, a random unrelated nitwit post that has nothing to do with anything.

          • Kathy11

            January 19, 2017 at 4:19 pm

            Once again, what did rugs have to do with anything schiesse brain?

            These Princess Tiny Hands types need help.

          • Mark Cichewicz

            January 19, 2017 at 7:06 pm

            Never heard from you before…are you sick? Do you need help? We will help you if you need help. Otherwise why do you hate so much? People are calling you names. So sad, so sad. Such hate.

      • Edward Cibener

        January 19, 2017 at 3:36 pm

        Just remember bitter homophobes like you will be defeated in the end Trump support will not help you one bit.

    • Sam Dutra

      January 20, 2017 at 2:37 am

      That’s a negative stereotype… it doesn’t matter your skin color, sexual orientation, religion, or personal beliefs. If you are a republican you will be accepted into the Republican Community. Sure there are rude republicans but there are good ones too. Just as there are good and bad democrats. In the end we are all American and we all want the best for our country.

      • Edward Cibener

        January 20, 2017 at 3:17 am

        You are so naive it is about ideology friend and Republicans are not committed to our safety rights or prosperity in an way shape or form! Period!

        • Sam Dutra

          January 21, 2017 at 1:40 am

          I’m a conservative republican and I support any member of the Republican Party regardless of their backgrounds and I support LGBTQ republicans. Please don’t view the entire party as bigoted because we are people just like you and we understand love no matter what orientation you are. Sure there are intolerant republicans but there are also tolerant ones too. We are people and there are stereotypes that are somewhat true but just know there are others who care about your beliefs and respect you.

          • Edward Cibener

            January 21, 2017 at 2:41 am

            You are ridiculous and obviously know little about gay history/culture. Repubs are fine with gays for our money and support as long as we stay in the closet. Or give in to electro shock therapy. Harvey Milk was a Democrat!

        • Sam Dutra

          January 22, 2017 at 3:47 am

          I’ll let you in on a little secret… neither are democrats. They make these claims to get your votes and say they will protect you but so would republicans for you are an American citizen and we will defend your rights. Stop being so close minded and judgmental. I thought that’s what liberals resented? You claim to be accepting and non discriminatory but look at yourself. You are discriminating an entire party for the doings of the few. You are TRYING to create an issue with the Republican Party by claiming we are the problem. We are just as accepting as anyone else. Sure some people in our party are hostile towards gays but a lot support your cause too and not for money or votes but because we believe every human being has a right to love. You are being brainwashed by your democratic leaders and mass media to believe we hate you in order for them to gain your vote. They are manipulating you and that is wrong. maybe you should get to know the Republican Party a little better before you make biased comments about us. If we are so against the LGBTQ community then why are we continuing to support and protect your rights even though republicans already have full control of the White House? We don’t need your money or votes anymore but we will protect your rights. Just be open minded about groups is all I’m asking, don’t be corrupted by others.

  2. Wesley

    January 19, 2017 at 12:29 pm

    Quoted from your article: “Throughout Trump’s long business career, he has worked with numerous people from the LGBT community, attended same-sex weddings, made donations to AIDS charities and organizations, and has enforced nondiscrimination policies within his businesses,” Allen said.

    I’m sure we will see this in his tax returns because he hasn’t ever misled anyone on how much he has contributed to veterans groups, his own foundation, etc. Oh wait,…

    Additionally, from your article: In a statement released earlier this month, Sides said the Trump appointees represent a “professional and demographic diversity” that would benefit his administration. His statement did not address concerns raised by LGBT activists that many of Trump’s appointees have records opposing LGBT rights.

    So the addition of a running mate that supports “shock therapy” and the “arrest for the application of a same-sex marriage in Indiana” are professional and the others aren’t appointees that we should be concerned about?

  3. Im Just Sayin

    January 19, 2017 at 8:03 pm

    Hey Bob, haven’t you heard? Hope leaves the White House tomorrow at noon. Despair will be there in time for dinner. The good news for you is that as you bow down to the golden idol, the rest of us will be here fighting to preserve your rights saving you and the rest of your LCR brethren from yourselves.

  4. TimCA

    January 20, 2017 at 3:45 am

    When Donald Trump says he will appoint to the judiciary the likes of a William Pryor (who has written in defense of a state’s legal ability to criminalize people on the basis of sexual orientation) then how how can any rational person conclude Donald Trump is a friend to gay men and women? When a politician publicly commits himself to harming me I take that threat seriously.

    Donald Trump is not a friend to gay people. In fact, he is an enemy.

  5. Edziu Lisowski

    January 20, 2017 at 6:01 pm

    I just received an e-mail from Lambda Legal that included: “Within minutes of Donald Trump’s inauguration, his administration removed all mention of LGBT people from the White House website.
    Selected LGBT-related documents have disappeared from the Department of Labor website.
    The Office of National AIDS Policy appears to have been closed, and its webpage has been disabled.”

  6. Mark Cichewicz

    January 26, 2017 at 4:59 pm

    If he is so sure about Trump why does the GOP discriminate in its platform every 4 years. Why do republicans despritly introduce bill after bill allowing religious discrimination?

Leave a Reply

Your email address will not be published. Required fields are marked *

homepage news

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

No political willpower to force vote or reach a compromise

Published

on

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.

Continue Reading

homepage news

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

Published

on

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.

Continue Reading

homepage news

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

Defendant implicated in three anti-LGBTQ incidents since 2011

Published

on

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.

Continue Reading
Advertisement
Advertisement

Follow Us @washblade

Sign Up for Blade eBlasts

Popular