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Wins for trans candidates seen as nationwide clarion call

But experts have differing views on nature of the impact

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From left, Virginia Delegate-elect Danica Roem (D-Prince William), Erie School Board Member-elect Tyler Titus, Minneapolis City Council Member-elect Andrea Jenkins and Palm Springs City Council Member-elect Lisa Middleton. (Roem and Jenkins photos courtesy of respective campaigns; Titus and Middleton photos courtesy Facebook)

The historic wins by transgender candidates on Tuesday are being widely interpreted to have nationwide implications, although LGBT political observers have different takes on what those conclusions are.

The most high-profile win Tuesday night was transgender journalist Danica Roem’s victory in Virginia over Del. Bob Marshall, who has a decades-long history of anti-LGBT views and this year introduced a bill that would have banned transgender people from using public restrooms consistent with their gender identity. She’ll be the first openly transgender person elected and seated to a state legislator in the history of the United States.

Other highlights include Andrea Jenkins, a poet and activist, and Phillipe Cunningham, a former special education teacher, winning seats on the Minneapolis City Council. Both are the first openly transgender people of color to win election in the United States and the first out transgender candidates elected to a city council in a major U.S. city.

Meanwhile, Tyler Titus won election to the Erie School Board in Pennsylvania, Lisa Middleton won election to the Palm Springs City Council and Stephe Koontz won a spot on the Doraville City Council in Georgia.

Logan Casey, who’s transgender and a research associate at the Harvard Opinion Research Program, said the wins are important on their own for transgender visibility.

“With so few transgender people in office, everyone is important,” Casey said. “And so, there’s one level on which these wins are really important just for trans people and the LGBTQ community generally, saying that we can win elections. We can be out, and be proud and be ourselves and be successful.”

But combined with other wins for diversity, such as the election of a Sikh mayor in New Jersey, Casey said the transgender victories demonstrate identity politics might not be a losing ticket as critics have claimed.

“We’ve heard a lot of conversation in the last year in particular about the idea that too much focus on identity politics loses elections for Democrats in general,” Casey said. “I think that this is a really strong signal that this is probably not the case. We’ve seen lots of different types of candidates — not just trans candidates, but other ones running all across the country — being successful yesterday and speaking openly about the various aspects of their identities, and winning their elections.”

But with many anti-trans lawmakers in state legislatures introducing legislation that inhibit transgender people’s access to the restroom, do the wins — particularly Roem’s over Marshall in Virginia — send a message those policies will lead to defeat at the ballot?

Sean Meloy, political director for the Gay & Lesbian Victory Fund, said he thinks the transgender wins should serve as a wake-up call to lawmakers planning anti-trans policies.

“People from the White House down to school boards have been pushing anti-trans legislation, and I think that they’re going to take a moment to pause and think that the author of anti-trans legislation was just beaten by a transgender woman, and I think that’s going to give them pause,” Meloy said.

Casey, however, cautioned a lot of things were in play in the election for the 13th district seat in Virginia and the result on election night might not be about bathroom bills.

“I am inclined to say Danica didn’t win because she was trans and Marshall had introduced these bathroom bills,” Casey said. “I think Danica won because she was able to connect with constituents on local issues like transportation and things that are really important to her district, and she had a really solid ground game and was successful in fundraising. She beat Marshall because she got back to the basics and was able to connect with her voters.”

Nonetheless, Casey said the defeat of Marshall at the hands of Roem may “give caution to lawmakers about how much of an issue to make about trans issues in particular during a campaign.”

“It may not change their voting behavior, or even what bills they introduce, because that’s a very different type of legislative behavior, but in terms of how they actually go about campaigning come next year, it might provide some caution to folks who are on the ticket,” Casey said.

The wins could be a precursor for transgender victories to come. Among the winners could be Dana Beyer, who’s running for the seat in the Maryland State Senate being vacated by Sen. Rich Madaleno (D-Montgomery) in his bid to become governor.

Beyer, whose attempt to challenge Madaleno for the seat proved unsuccessful, said the lessons from the transgender wins are many, but include knowing to run during a Democratic wave year.

“We’ve created enough acceptance over the past 15 years in both America, in general, and within the Democratic party, in particular, that being trans (or any of the other smaller minorities, such as Sikh) is no longer a liability, but may actually be an asset,” Beyer said.

The Democratic wins in Virginia and New Jersey were widely viewed as a stinging rebuke to President Trump and LGBT rights supporters are hopeful the trans victories carry the same message to the White House over his anti-LGBT actions.

Among the Trump administration’s policies that have undermined transgender rights are seeking to bar transgender people from the armed forces, undoing Obama-era guidance ensuring transgender kids have access to school restrooms consistent with their gender identity and dropping support for the idea Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination against transgender people.

Mara Keisling, executive director of the National Center for Transgender Equality Action Fund, said in a statement the transgender victories are symbolically important in the Trump era.

“For too long, transgender people were not involved in policy decisions, including making laws that impact us,” Keisling said. “These victories demonstrate not only the strength of democracy, but the value placed on strong candidates who stand with the people on issues of local, state and national importance. With transgender people targeted by the current Administration, it is critical that our community be represented in elected office, to ensure the progress we’ve made advancing equality is not rolled back.”

But observers aren’t holding their breath in anticipation of a change from Trump.

When asked if the transgender victories would be a signal to Trump over his anti-trans policies, Casey responded succinctly, “No.”

“I don’t think that he responds really to any individual piece of information like this, or even larger patterns,” Casey said. “I think he speaks very freely about his opinions and doesn’t seem to be much persuaded by information like this, so I think it’s less the case that Donald Trump will be persuaded or moved in his behavior as a result of these elections.”

Meloy also expressed doubt the victories would mark any change with Trump in how he treats transgender people.

“Honestly, I hope it does,” Meloy said. “I think the results from around the country last night also send a message, but this message is distinctly important for our community that while he masquerades as an ally, his policy and practice clearly shows that he is anything but, and we’re going to take the fight to people who are actively working against us.”

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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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Biden names civil rights veteran to U.S. Education Dept.

Catherine Lhamon’s portfolio will include LGBTQ rights, sexual misconduct, racial discrimination

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Nominee for Assistant Secretary of the Office for Civil Rights at the U.S. Department of Education Catherine Lhamon. (Photo public domain))

The White House announced Thursday that President Joe Biden has nominated Catherine Lhamon to serve as the Assistant Secretary of the Office for Civil Rights at the U.S. Department of Education.

Lhamon currently serves as a Deputy Assistant to the President and Deputy Director of the Domestic Policy Council for Racial Justice and Equity at the White House, where she manages the President’s equity policy portfolio. She is a former attorney for the American Civil Liberties Union, (ACLU) and served as chair of the U.S. Commission on Civil Rights from 2017 to 2021.

She has also served as Legal Affairs Secretary to California Governor Gavin Newsom.

Her portfolio at Education, where she previously served in the same position under former President Barack Obama, will include LGBTQ rights, sexual misconduct and racial discrimination in the nation’s K-12 schools, universities and colleges. Lhamon was Assistant Secretary for Civil Rights at the Department of Education, to which President Obama nominated her and the Senate confirmed her in 2013.

“I am thrilled that President Biden is nominating Catherine Lhamon to serve as Assistant Secretary of the Office for Civil Rights at the U.S. Department of Education. Catherine has devoted her career to ensuring equity is at the core of all her work,” U.S. Secretary of Education Miguel Cardona said in a statement released by his office Thursday.

“She has a strong record of fighting for communities of color and underserved communities, whether as the current Deputy Director of the Domestic Policy Council, the former chair of the U.S. Commission on Civil Rights, or as a civil rights educator at Georgetown University. We are thrilled to have Catherine serving as Assistant Secretary for Civil Rights and know she will continue to fight for fairness, equity, and justice for all of America’s students.”

Lhamon has also litigated civil rights cases at National Center for Youth Law, Public Counsel Law Center, and the ACLU Foundation of Southern California.  Lhamon taught federal civil rights appeals at Georgetown University Law Center in the Appellate Litigation Program and clerked for the Honorable William A. Norris on the United States Court of Appeals for the Ninth Circuit.

“Catherine Lhamon is the right choice to lead the Department of Education’s Office for Civil Rights at such a critical time for the country and the agency. There is much work to do in order to roll back the harmful policies and legacies of Betsy DeVos, from her attacks on transgender students to her unconscionable revocation of discriminatory discipline guidance and rewrite of Title IX rules,” Adele Kimmel, Director of the Students’ Civil Rights Project at Public Justice told the Blade in an email.

“During her previous tenure in the same job, Catherine embraced equality, enforced Title IX and ensured students had an ally inside the federal government. She will do so again, and the Senate should move to quickly confirm her so she can begin the work of restoring the Department’s commitment to protecting the civil rights and dignity of students and implementing the Biden Administration’s pledge to undo the damage that DeVos has done,” Kimmel added.

Born in Virginia and raised in California, Lhamon graduated from Amherst College and Yale Law School. Lhamon and her husband and two daughters are transitioning between California and Maryland.

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IDAHOBiT events to promote intersectionality, resilience, allyship

HRC president to participate in virtual panel in Canada

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(Photo courtesy of the International Day Against Homophobia, Biphobia and Transphobia committee)

 

Intersectionality, resilience and allyship are among the themes that this year’s International Day Against Homophobia, Biphobia and Transphobia events will highlight.

Dignity Network Canada and the Black Coalition for AIDS Prevention on May 17 will hold a virtual panel that will feature Human Rights Campaign President Alphonso David, Canadian Center for Gender and Sexual Diversity Executive Director Debbie Owusu-Akyeeah, Kaleidoscope Trust Executive Director Phyll Opoku-Gyimah, COC Nederland Executive Director Marie Ricardo and Rainbow Railroad Executive Director Kimahli Powell. The British High Commission and the Dutch Embassy in Canada have co-sponsored the event.

“We hope that this will be a really interesting and important conversation on intersectionality and transnational solidarity — and what it means for these leaders and their organizations during these times,” reads a description of the event.

The U.N. LGBTI Core Group on May 17 will host a virtual IDAHOBiT event that will focus on ways to develop an “inclusive and diverse post-pandemic world.” The World Bank Group, the International Monetary Fund, the European Bank for Reconstruction and Development, the Inter-American and Asian Development Banks host a similar IDAHOBiT commemoration.

“In order to heal from the economic, social, and public health dire impact the pandemic has had and still has, every plan of recovery must take into account a human-rights based, intersectional and gender responsive approach that addresses the specific needs of LGBTI persons in order not to leave them further behind,” reads a description of the U.N. LGBTI Core Group event.

Several Russian LGBTQ rights groups on May 17 will hold a “Vaccine for Acceptance” event that seeks to bolster allyship in the country.

Retired South Africa Constitutional Court Justice Edwin Cameron on May 16 will moderate a virtual panel that will focus on religion and anti-LGBTQ violence.

Workplace Pride and the Dutch Embassy in Budapest on May 17 will host a symposium on LGBTQ-inclusive workplaces in Hungary. M.V. Lee Badgett, an economics professor at the University of Massachusetts, on the same day will participate in a webinar the U.S. Embassy in Singapore is hosting with Oogachaga, a local LGBTQ advocacy group.

Haver Srbija, a Serbian NGO, on May 15-16 will hold Falafel, a film festival that seeks to build “bridges and promotes Israeli, Jewish and LGBTQI culture and communities” and highlight “various social issues in the context of the fight against prejudice, discrimination, anti-Semitism, homophobia and xenophobia and encourages the audience to develop critical thinking on the issue of these topics.” Proud Lebanon is slated to hold a series of six webinars between May 17-22 that will focus on feminism, LGBTQ rights and other topics.

The National Center for Sexual Education in Cuba will hold a series of virtual forums and other events through the month to commemorate IDAHOBiT.

CENESEX Director Mariela Castro, whose father is former Cuban President Raúl Castro, during a May 4 press conference in Havana said the IDAHOBiT events are part of the process of amending the country’s family code to make it more equitable for LGBTQ Cubans. Mariela Castro said a bill to amend it will be introduced in the Cuban Parliament in July.

“I was able to appreciate that the majority of the population … is in favor of recognizing the rights of LGBTI+ people and especially the rights in the family sphere that include the possibility, the option, of marriage,” said Mariela Castro during the press conference, according to Tremenda Nota, the Washington Blade’s media partner in Cuba.

IDAHOBiT commemorates the World Health Organization’s 1990 decision to declassify homosexuality as a mental disorder.

This year’s events will take place against the backdrop of a pandemic that continues to exacerbate existing inequalities for LGBTQ people and other vulnerable groups around the world.

Consensual same-sex sexual relations remain criminalized in dozens of countries. Violence based on gender identity and sexual orientation remains rampant in the U.S. and throughout the world.

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