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Gays under consideration for presidential AIDS advisory panel

Trump executive order keeps PACHA intact

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The Trump administration has reportedly reached out to gay Republicans about potential appointments to the Presidential Advisory Council on HIV/AIDS. (Washington Blade photo by Michael Key)

Gay Republicans knowledgeable on AIDS issues and LGBT people involved in AIDS work have been among those contacted by a Trump administration official for a possible appointment to the Presidential Advisory Council on HIV/AIDS known as PACHA, according sources familiar with the advisory body.
 
The outreach to potential LGBT appointees began shortly after President Trump issued an executive order on Sept. 29 extending the life of PACHA and 31 other presidential advisory committees for at least one more year.
 
President Bill Clinton created PACHA in 1995 to provide advice and recommendations by experts on how the federal government should best respond to the AIDS epidemic. Presidents George W. Bush and Barack Obama continued PACHA’s tenure during their administrations.
 
Two sources familiar with PACHA, who spoke on condition of not being identified, said an official with the U.S. Department of Health and Human Services acting on behalf of the White House reached out to LGBT people and others involved in AIDS work, including some gay Republican activists, to invite them to submit their names as nominees for a PACHA appointment.
 
The HHS official began contacting potential appointees just under four months after six PACHA members released a joint letter to Newsweek on June 17 announcing they were resigning from PACHA in protest over the Trump administration policies on HIV/AIDS.
 
The six members, who were appointed during the Obama administration, said they were especially troubled over Trump’s efforts to repeal the Affordable Care Act better known as Obamacare. The six, including Scott Schoettes, HIV project director for the LGBT litigation group Lambda Legal, said Obamacare was instrumental to the healthcare needs of large numbers of people with HIV/AIDS.
 
Records of PACHA’s operations obtained from the website of the Department of Health and Human Services, which oversees PACHA, show PACHA had 23 members in April 2016. The advisory panel’s current web page shows it has ten remaining members, seven fewer than the 17 left in place at the time of the six resignations in June.
 
Carl Schmid, deputy executive director the AIDS Institute, a national AIDS advocacy organization, said he had no comment on reports of potential PACHA nominees.
 
“But we are pleased the Trump administration is moving forward with PACHA,” Schmid said.
 
“It’s my understanding that HHS has been reaching out to folks regarding potential PACHA nominations,” said Gregory T. Angelo, president of the Log Cabin Republicans.
 
“President Trump has made clear the continued commitment of his administration to combating HIV,” Angelo said in taking exception to the assertions by the six PACA members who resigned in June. “HIV is a disease with a disproportionate impact on the LGBT community, so it should come as no surprise that the administration may be reaching out to LGBT individuals expert in the field of HIV treatment and care on this matter,” Angelo said.

Ronald Johnson, vice president of policy and advocacy for the national AIDS group AIDS United, said his organization was “not aware of any outreach by the Trump administration regarding PACHA appointments.” But Johnson added, “AIDS United appreciates the continuation of PACHA’s charter and awaits its operation with a full membership.”
 
Miguel Gomez, a spokesperson for the Department of Health and Human Services’ Office of HIV-Infectious Disease Policy, which works with PACHA, said PACHA held its last meeting in Washington on Aug. 30. He said its members routinely confer on conference calls.
 
Gomez said he could not confirm whether an HHS official has reached out to LGBT AIDS experts for a possible PACHA appointment.

“The White House announced that it is continuing the Presidential Advisory Council on HIV/AIDS and has been having discussions about its future,” Gomez told the Blade. “We will soon be publishing a notice in the Federal Register to solicit nominations for membership,” he said.

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41 Comments

41 Comments

  1. Kurt 20008

    October 19, 2017 at 10:26 am

    It doesn’t say much for the National President of the Log cabins that he has just heard second hand that Trump is considering some LGBT names for PACHA. I guess he is not much of an insider.

    • Kemwit Tall Tree

      October 21, 2017 at 4:53 am

      Probably more of an insider than people from the HRC who made it the organization’s key role to put Hillary in office. I don’t they’ll be getting any access ti the WH for at least the next eight years.

      Maybe the the HRC should go back to having cocktail parties for all of their affluent donors at furniture stores.

      • Kurt 20008

        October 21, 2017 at 8:47 am

        So we are left with an Administration that ignores both the part of our community that supported his election and the part that opposed him. Well, at least Trump is good at insulting Gold Star families.

        • Kemwit Tall Tree

          October 21, 2017 at 8:58 am

          Who said Trump is ignoring any of us at all? We’re getting tax cuts, lower unemployment, safer streets from the rounding up criminal illegal aliens and his administration is protecting us all from Islamist terrorism.

          There are MANY gay people who support Trump and his MAGA agenda. Just because he doesn’t announce proclamations to name streets after gays or lesbians makes him evil and hateful? When did we get so petty?

          One thing for sure, the elitist Democrat snobs who run most of the LGBTQ organizations won’t be getting invitations to the White House any time soon. Trump is a man of the people!

          • Kurt 20008

            October 21, 2017 at 9:26 am

            I said he is ignoring the LGBT community (or openly hostile to us). I think most of our community agrees with me.

          • Kemwit Tall Tree

            October 21, 2017 at 9:38 am

            You don’t speak for most of the LGBT population. You must be a rather narcissistic individual to claim to speak for “most” of a population.
            No one elected you queen of the queens!

            Trump is not hostile to gays, he’s signed no legislation or executive orders hurting the interests or gay people at all.

            Unlike Bill Clinton who signed DOMA and “Don’t Ask, Don’t Tell” back in the 1990s.

          • Kurt 20008

            October 21, 2017 at 10:15 am

            I didn’t say I speak for the community. I gave my view and said I think most of the community agrees with me.

          • Kemwit Tall Tree

            October 21, 2017 at 10:23 am

            You are a rather evasive individual. You make a statement and then try to spin it to something else. Maybe you need to reflect on your own weaknesses instead of transferring it all on Trump.

          • Kurt 20008

            October 21, 2017 at 3:45 pm

            I made a statement that Trump is ignoring our community. I stated I think most in our community agree with me. You had difficulty understanding that, so I repeated it. I’ve now repeated it a second time. This is getting tiresome, but is better than Trump’s habit of insulting Gold Star families.

          • Kemwit Tall Tree

            October 21, 2017 at 6:15 pm

            Yes, I think you are a confirmed narcissist. One of the other characteristics of NPD (Narcissistic Personality Disorder) is the inability to admit one has made a mistake. Since you are so perfect in every way!

            Oh! The virtue signaling! Oh! The humanity!

          • Kurt 20008

            October 21, 2017 at 7:04 pm

            I stated an opinion and I suggested others agreed with me. You’ve not responded to either claim. Can’t see how that is a mistake. A mistake would be insulting Gold Star families.

          • Kemwit Tall Tree

            October 22, 2017 at 5:37 am

            Bravo! I can say without hesitation that I support that comment 100%. No one knows the facts surrounding LGBT voting habits in 2016.

            Gold Star families have been insulted for years. In the last generation, 56,000 families lost a service member in the Vietnam War. Only to have Leftists tell them in the public space that their sons were “baby killers” and disgrace in the war.

            People get insulted for all kinds of reasons, it’s just a fact of life but not the end of the world.

            It’s a matter of fact that free speech includes insults.

          • lnm3921

            October 23, 2017 at 7:51 pm

            You are an insult to the community! Stop referring to yourself as being part of my community you leech!

          • Kemwit Tall Tree

            October 23, 2017 at 7:54 pm

            You don’t have enough money to live in my community! LOL

          • lnm3921

            October 23, 2017 at 7:57 pm

            I wouldn’t want to live anywhere near you! You’re a living slum!

          • lnm3921

            October 23, 2017 at 7:50 pm

            They do and you state fact not opinion! Don’t list to the loser!

          • lnm3921

            October 23, 2017 at 7:50 pm

            You are a confirmed a-hole and right-wing loser!

          • Kemwit Tall Tree

            October 23, 2017 at 7:53 pm

            You support baby killing through abortion. What could be lower than that?

          • lnm3921

            October 23, 2017 at 7:56 pm

            Who said I support abortion? I support choice. People deciding for themselves. Not the state deciding for you! You’re so full of $h!t when you speak of personal freedom yet you want to control the freedom on individuals! I don’t see you lining up to adopt those unwanted babies!

          • Kemwit Tall Tree

            October 23, 2017 at 8:01 pm

            I don’t support MURDER like you. I have values, which you don’t!

          • lnm3921

            October 23, 2017 at 8:02 pm

            You support the murder of gay men through apathy toward them if they have AIDS! Left to you, people would still have no medications to prolong their lives! You are shameful and a disgrace!

          • lnm3921

            October 23, 2017 at 8:10 pm

            Values? You only value yourself at the expense of all others. Greed and selfishness. Is that your christian virtue?

          • lnm3921

            October 23, 2017 at 8:00 pm

            You don’t either. Who are you to claim that you speak for MOST let alone the LGBT population? You’re arrogant, smug and disgusting. Definitely a queen!

            Stop trying to sell us your snake oil on Trump! We can see what he is. You can’t sugar coat his blatant lies like he thinks he is doing. Obama repealed DADT and unlike any Republican President supported marriage equality!

          • Kemwit Tall Tree

            October 23, 2017 at 8:05 pm

            You degenerate! Begone satan! Go kiss Clinton’s behind and maybe it’ll throw you a scrap from the table!

          • lnm3921

            October 23, 2017 at 8:06 pm

            Now we know you really are a sick weirdo! What’s next an exorcism Linda Blair?

          • lnm3921

            October 23, 2017 at 7:46 pm

            Yes I agree with you. Ignore the Putz! He’s a right-wing idiot living delusions. He believes gay men deserved AIDS because of their sexual behavior. He’s that callous and obnoxious!

          • lnm3921

            October 23, 2017 at 7:44 pm

            Employment was already low when Obama left office. Who is “we” in terms of tax cuts? Are you the top 1.0% or a corporation? Safer streets? Protecting us from Terrorism? You mean like at the Las Vegas Massacre?

            Yes, Trump and his supporters are hateful! Racist! Yes, he’s evil like YOU! Your hateful callous you deserve AIDS because of your sexual behavior attitude proves you are and you will NEVER shake that off! You’ve always been petty!

            Trump is a chump and so are those that support him! Screw him, you and his supporters! When were you invited to the White House exactly? When has any of these GLBT supporters up his rear end seen at the White House? If you go, is it through the kitchen entrance?

          • Kemwit Tall Tree

            October 23, 2017 at 7:52 pm

            LOL..that’s rich! YOU calling someone evil? You support the murder of unborn babies, the wanton, irresponsible sexual behavior that leads to AIDS, stealing from others through taxes. You are the very definition of evil!

          • lnm3921

            October 23, 2017 at 7:54 pm

            Listen to you. Wonton sexual behavior. Get a load of you. You prissy little Missy! You’re attitude to gay men who suffered and died of AIDS, people far better than you, prove that you are evil! There is nothing good or moral about you!

          • Kemwit Tall Tree

            October 23, 2017 at 7:59 pm

            It’s wanton, we’re not talking about Chinese food here you idiot! You’re a degenerate and support every evil there is in the world? I bet you aren’t even a Christian are you?

          • lnm3921

            October 23, 2017 at 8:05 pm

            What a ridiculous prude you are! Like bad Chinese food your are food poisoning! You bet I’m not a Christian? I bet Jesus wouldn’t think you are either!

          • Kemwit Tall Tree

            October 23, 2017 at 8:06 pm

            Go eat a ham sandwich loser! LOL

          • lnm3921

            October 23, 2017 at 8:08 pm

            Is that supposed to be a witty comeback? You’re definitely a soggy sandwich fool of cheese!

          • Kemwit Tall Tree

            October 23, 2017 at 8:10 pm

            Haha! You don’t even get the joke either! You on meds or something?

          • lnm3921

            October 23, 2017 at 8:15 pm

            You’re the joke! You need to swish on down the road!

          • Kemwit Tall Tree

            October 23, 2017 at 8:25 pm

            Run a long and buy your case of condoms for the evening! You’re looser than an Eva Gabor wig!

          • Kemwit Tall Tree

            October 23, 2017 at 8:11 pm

            Just like you thought Marine Le Pen was a picture of a Drag Queen! You dunce!

          • lnm3921

            October 23, 2017 at 8:14 pm

            Is that a comeback? Still obsessing about Marie Le Pen. You wish you were her don’t you? Sad little whiny queen!

      • lnm3921

        October 23, 2017 at 7:39 pm

        They’ll have access after 2020 when your failure POTUS is ousted! You’re full of $h!t as usual blaming HRC’s support for Hillary! Trump has consistently done nothing but pursue and support policies against the GLBT community since he’s taken office! He is fulfilling the expectations of the FRC and their agenda as he promised them!

        • Kemwit Tall Tree

          October 23, 2017 at 7:46 pm

          We’ll see who wins in 2020. Who are the Dems going to run for prez? They’ve got no one who can win. The Democrat primary is still 100% rigged for Wall Street with super delegates.

          Who wants to vote for another corporatist, war-monger shill just like Clinton. Thats all the Democrats have these days.

          It’s a losing theme for a party in decline.

          • lnm3921

            October 23, 2017 at 7:52 pm

            An ape would be better than Trump! We won’t be running Clinton next time! You wish! People are getting very fed up with Trump and his obnoxious behavior! You wish it was rigged. Did you prove the voter fraud and wire tapping distraction yet?

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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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