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Larry Kramer dies at 84

‘Anger is a wonderful motivator for me!’

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Larry Kramer, gay news, Washington Blade

Larry Kramer “First there were a dozen, then two dozen, suddenly 100 and then too, too many.” — an email about the founding of Gay Men’s Health Crisis to Troy Masters.. (Photo by Jean Carlomusto; courtesy Farrar Straus Giroux)

Larry Kramer died Wednesday at 84 years old during a pandemic that today reached a milestone 100,000 death count in the US. The cause was neither the AIDS crisis he so passionately fought nor the Covid-19 crisis he watched aghast as it unfolded. Kramer died of pneumonia, according to his husband David Webster.

Kramer was often soft-spoken, almost shy, and, at least the first time you met him, was unfailingly polite. But when he spoke in public his voice became a Moses-like lightning rod, parting the waters — some would say the nation — demanding respect and dignity for the lives of a people that were being decimated by a then hidden plague, AIDS. He turned his audience into an army that was unafraid to confront the evils of prejudice, hatred and ignorance. They created ACT UP.


In March 1983, Kramer wrote in his famous essay “1,112 and counting,” published in the Native, then a New York City gay publication: “If this article doesn’t scare the shit out of you, we’re in real trouble. If this article doesn’t rouse you to anger, fury, rage, and action, gay men may have no future on this earth. Our continued existence depends on just how angry you can get.”

That essay was a call to arms. “Larry was asked to speak at the LGBT Community Center in a writers speaking series after,” according to ACT UP founding member Eric Sawyer. “Nora Ephron cancelled with the flu.”

Kramer called a number of friends and asked them to come to the speech. He planned to call for the formation of a civil disobedience group to protest governmental, drug company and society’s refusal to take appropriate action to respond to the needs of people living with AIDS or to find a cure for the disease, which was killing gay men at an exponentially growing rate.

“Larry asked me to bring a bunch of my pretty boy Fire Island friends and to stand up and volunteer to help with forming the protest group as boy bait to encourage others to join,” Sawyer said.

At one point in the speech, Kramer asked half of the room to stand up. He then said “All of you standing will be dead within 12 months unless we get off our asses and get into the streets to demand a major research project to find a cure for AIDS.”

The actor Martin Sheen, a friend of Kramer’s, also spoke, imploring the room that government inaction was not acceptable and that the community must demand a cure.

The first demonstration was planned in front of Trinity Church at the base of Wall Street where a handful of people demanded drug companies and the government begin, according to Sawyer, “an emergency project to cure AIDS.”

The event amassed massive media coverage: having a group of patients demanding a cure from the government was unheard of at the time.

Larry Kramer portrait by Tracey Litt.

Kramer was a noted author and playwright who began his career at Columbia Pictures and United Artists.

His screenplay for the 1969 film “Women in Love” (1969) earned an Academy Award nomination. Among his many accomplishments and awards, he was a finalist for the Pulitzer Prize for his play “The Destiny of Me” (1992), and a two-time recipient of the Obie Award.

Even before AIDS, Kramer was known as a critic of his own community; his novel “Faggots” (1978) depicted gay male relationships of the 1970s as hedonistic, destructive and unaware.

He co-founded the Gay Men’s Health Crisis (GMHC), which has become the world’s largest private organization assisting people living with AIDS. But Kramer felt the agency had frozen and become reactive.

His highly acclaimed 1985 play “The Normal Heart,” produced at Joseph Papp’s Public Theater reflected on the failings of a bureaucratic approach to combating an epidemic and honed his belief in the power of collective political provocation.

He was known for his rage and brazen behavior and New York City Mayor Ed Koch was among his favorite targets for his disregard of the emerging AIDS crisis.

Kramer and Koch both lived in the same building, One Fifth Avenue but the activist refused to speak to the Mayor, even when the Mayor made nice and attempted to pet his dog. “I said, ‘Molly, you can’t talk to him. That is the man who killed all of Daddy’s friends,” Kramer told the New Yorker in 2002.

Kramer’s 2015 novel “The American People, Vol. 1: Search for My Heart,” was a behemoth —nearly 800 pages that tells variously of prehistoric monkeys, the Puritans, the American Revolution, the Civil War and also the abundant — in Kramer’s vision — homosexual proclivities of the U.S. Founding Fathers with a dizzying cast that includes Washington, Hamilton, Lincoln and even John Wilkes Booth.

Kramer, a D.C. native, is widely known for his groundbreaking and searing play “The Normal Heart,” adapted into an HBO Emmy-winning film, and other works. He lived in New York’s Greenwich Village with his husband, David Webster (they wed in 2013) and their Cairn Terrier, Charlie, a rescue dog Kramer, a dog person, said is “very good natured.”

Kramer spoke to the Blade in 2015 about his husband.

“I first started dating David in the mid-‘60s. We dated for many years but he didn’t want to be pinned down. We finally got together permanently in 1995 or so and got married just a year or so ago. I promptly got very sick and spent almost a year in and out of hospitals. He saved my life several times when doctors were not helping; he found the right ones. It is certainly not the marriage one wanted to have, lover and caregiver. His own career as an architect has suffered as he worries for me. We have both certainly been put to the test and it has brought us even closer together.”

Kramer could be cantankerous to say the least. Of that reputation, he told the Blade, “I am not bitter. I am angry. Anger is a wonderful motivator for me!”

Some reactions are being posted as they come in:

Ann Northrop, ACT UP member and media advisor and co-host of GAY USA with Andy Humm:
“I truly loved Larry, even when I disagreed with him. He was a fully genuine human being who never hesitated to speak what he saw as the truth. Definitely not a diplomat. But it was his insistence on pushing and prodding that was the greatest evidence of how much he loved gay people. He wouldn’t let us settle for any mistreatment or second-class status. He always said we were the best and he wanted us to feel that level of self-respect.”

Torie Osborn, now Senior Strategist for Los Angeles County Supervisor Sheila Kuehl:
During the height of the AIDS epidemic, she was the executive director of the Los Angeles Gay & Lesbian Community Services Center. In 1993, during the March on Washington, Osborn was the executive director of the National Gay & Lesbian Task Force in Washington DC.

“I had a few dinners with Larry in NYC, several phone chats, more than a few arguments. He attended and helped host my NYC fundraiser for my (valiant, if failed) 2012 Assembly race. Most notably, I arranged secretly for some lesbian friends to escort him up on stage totally against the will of ‘the committee’ at the 1993 March on DC rally. We put him up on stage, right ahead of my own speech. Then we formed a phalanx around him while he spoke (trashing a bit too harshly the Clinton administration on AIDS). I was super proud of that.

“Larry was a prophet, as well as an artist. I remember where I was when I read his essay in Frontiers in 1983: ‘A.I.D.S. 1,112 and still counting….’ He jolted us all awake and by founding GMHC and ACT UP, he showed us the way to both fighting back against the genocidal Republicans and caring for our own. Larry was one of the great ones — a prophet and artist for the ages. And a giant pain in the ass.”

Phill Wilson is a longtime HIV/AIDS advocate and founder and former executive director of the Black AIDS Institute:

“There is so much one can say about Larry. Like most of us, he was a very complicated person. There’s no doubt, I don’t think that it’s debatable that maybe his largest contribution to both the LGBT and the HIV/AIDS community is that he taught us both how to be angry, how to use that anger, and to be comfortable with being angry. It was OK to be angry.

That was an important lesson to learn. Prior to Larry elevating the art of anger, if you will, many of us were stuck in that ‘best little boy’ or ‘best little girl’ mode and feeling that the best way to maneuver the world was to NOT to be seen because to be seen was to put yourself at risk and at danger. Larry basically led the way for us to maneuver in the world in a different way.

The other thing that for me is important in the lesson of Larry Kramer is an appreciation of the complexity because while Larry was very powerful and very passionate and his contribution was immense, he had blind spots. And he had a huge blind spot when it came to race, and when it came to women and when it came to poor people.

I remember a phone conversation (during a radio interview) that I had with him right around the time when the protease inhibitors came out. And Larry was talking about his experience taking his first medication in Barbra Streisand’s bathroom while I, on the other hand, am watching the lines and lines and lines of black and brown and young people at the food banks in LA. I was trying to make the case that while we certainly were happy about the protease inhibitors, but a few pills that work for some people some of the time does not a cure make.

I don’t think that Larry had an appreciation for the intersectionality of HIV and AIDS. He clearly understood the relationship between homophobia and HIV and AIDS. He got that. It was not evident to me that he always understood the relationship between racism and misogyny and classism and HIV and AIDS.”

Robin Tyler, Activist and organizer of the 1983 March on Washington
When the 1993 March on Washington happened, the ‘March committee’ decided they did not want Larry Kramer to speak. I was producing the main stage, and during the March, Torie Osborn came up to me (I had a lot of security on stage but because she was an ex, got through,) ‘Act Up’ was going to attack if I didn’t let him on stage.

I looked at the crowd of a million.  I did not see a group poised to attack.  But I had been angry he wasn’t invited to speak.  So I made a split second decision, and Torie introduced him.  He was fabulous!

Needless to say, the co-chairs were angry with me. (one in particular) I got in a lot of trouble.  But then again, so did Larry.

I am honored to have known him and to have introduced him at that March.  He was one of the greatest gay activist who ever lived, a giant of a man!

David France, Academy Award nominated director of “How to Survive a Plague”:
Larry was always complaining that the gays had no Martin Luther King, which was silly, of course, because he was our King. More imperfect, more intemperate by far, certainly more polarizing, but no less impactful. Everything he did seemed designed to fail, yet somehow he gathered up a lackluster movement and a dysfunctional community and shouted and insulted us forward. In this indirect way, he launched a powerful and transformative AIDS movement, which remained his lifelong focus, but he also managed to fuel the most rapid social transformation in history. America owes Larry a postage stamp at the very least, and a long weekend for sure.

Michael Weinstein, co-founder of AIDS Healthcare Foundation who attended ACT UP/LA’s first meeting and collaborated closely with ACT UP/LA leader Mark Kostopoulos:

“Larry Kramer was a giant in our movement. He was the grandfather of AIDS activism. All of us learned from him even when we didn’t always agree. He was there at the founding of institutions such as GMHC and Housing Works. And, his cultural contributions, particularly Normal Heart, spoke eloquently to not only our minds but our hearts. Larry, you will be sorely missed.”

David Mixner, longtime politico, author and theatre soloist Performer:
“My friend Larry Kramer never ever negotiated our personal freedom or health to make others comfortable.   Being liked or personal power just wasn’t part of his strategy.”

Lambda Legal’s Kevin Jennings, in a statement:
“Lambda Legal –its staff and community of advocates for LGBT rights and everyone living with HIV– deeply mourn the passing of Larry Kramer, who fought tirelessly throughout his life to focus resources on the HIV/AIDS epidemic and to eradicate the stigma of living with HIV, changing forever the landscape of activism, the LGBT civil rights movement, and the lives of people living with HIV worldwide. Larry Kramer has been an endless source of inspiration to our lawyers and our work to help end the HIV epidemic. We owe Larry Kramer an immeasurable debt of gratitude for teaching us how to stand up and fight back, how to survive a plague and how to channel our anger into direct action for social change.

“Larry Kramer founded and helped lead Gay Men’s Health Crisis (GMHC), an organization critical to providing life-saving services to people with AIDS at a time when our government had turned its back on the dying.   Larry then turned his anger into helping create ACT UP (AIDS Coalition To Unleash Power), the groundbreaking AIDS activist group that used creative, nonviolent civil disobedience to reshape the dynamics of the epidemic itself.

“We are facing again a federal government that does not care about LGBT people, , people living with HIV or communities of color. Kramer’s passing should serve as a wake-up call and a reminder that righteous anger is an appropriate response when the powers that be fail in their duty to serve all citizens equally and fairly, and we should continue to channel that energy into action until we have won the fight for fully equitable and fair treatment in law, medicine, and society.”

(In 2017, Lambda Legal honored Larry Kramer with the Kevin M. Cathcart Legacy Award at our annual Liberty Awards.  To watch a video of Mr. Kramer’s acceptance speech, click here.)

Jay Blotcher, ACT UP and AmFAR Publicist:
I first met Larry Kramer in the spring of 1983. I was associate producer of a lesbian and gay TV show called “Our Time,” co-produced and co-hosted by veteran activist Vito Russo.

The epidemic was just beginning to devastate New York City’s gay community, so Vito planned an hour program on the epidemic. He invited his longtime friend Larry, a co-founder of GMHC,  to be one of the guests. There was one major problem: Larry had a fear of heights — and our studios were on the 25th floor of the Municipal Building.

So, the date of the shoot, Vito had me and other staff members meet Larry in the lobby. Our quest: to calm the man on the elevator ride up and especially to distract him so he didn’t look out any windows en route to the studio. The Larry I got to meet that day was a gentle and nervous man with a severe case of acrophobia. Four years later, when I joined ACT UP, I got to know his infamously fiery, relentless, and pugnacious side.

But Larry never turned that side on me. I think I got a pass because I worked for his cherished friend Vito all those years before.

Sarah Schulman, ACT UP Member, Author and Filmmaker
He was one of the few privileged people who used his access to yell at those in power and I wish more like him would do the same today. He came from a culture of Dissent, not cooperation.

Peter Staley, founding member ACT UP and Treatment Activist Group:
There were two Larry’s back then. The first deserves every statute that gets built in his honor – the Larry who used anger to launch the two main branches of our community’s AIDS response, the beautiful self-care response that Gay Men’s Health Crisis valiantly built while the world looked away, and the activist response that forced that same world to look, and respond.

The second Larry was the moralist whose finger-wagging, like all finger-wagging, brought adulation from other moralists, but had no effect on the rest of us. AIDS was not a price we paid for finally building communities of freedom on both coasts. There have been only two sexually transmitted pathogens in all of human history that have killed in the millions – syphilis and HIV – and they hit us 500 years apart. AIDS was not an inevitable result of gay life in the 1970s. As an epidemiological event, it was simply bad luck.

To this day, gay men carry the added burden of a society that sexually shames us. Larry played a part in this. To be fair, most of this critique is inside baseball. To the larger world, Larry was our community’s greatest advocate. He constantly told straight America that his gay brothers and sisters were the most beautiful people on earth. He pushed back against the hate directed at us like no advocate before him. Larry loved gay people, and spent his entire life fighting for us.

I just got off the phone with Tony Fauci. I broke the news to him via text earlier today. We’re both surprised how hard this is hitting. We both cried on the call.

Larry Kramer (Photo by Bob Krasner)

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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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