U.S. Federal Courts
Md. man charged with making threats against HRC
Adam Michael Nettina voicemail referred to Nashville school massacre
A Maryland man has been charged with making threats against the Human Rights Campaign.
The Justice Department in a press release notes Adam Michael Nettina, 34, of West Friendship, Md., on March 28 left a threatening voicemail that referred to the massacre at the Covenant School in Nashville that took place the day before.
The press release notes the shooter who killed six people inside the school “was publicly identified as being transgender.” The Justice Department alleges that Nettina in his message made numerous threats.
“You guys going to shoot up our schools now? Is that how it’s going to be? You just gonna to kill little kids. You’re just going to slaughter fucking little kids,” said Nettina, according to the indictment. “Let me tell you something, we’re waiting, we’re waiting. And if you want a war, we’ll have a war. And we’ll fucking slaughter you back. We’ll cut your throats. We’ll put a bullet in your head. We’re not going to give a fuck. You started this bullshit. You’re going to kill us? We’re going to kill you ten times more in full.”
Nettina appeared before U.S. Magistrate Judge Matthew J. Maddox in U.S. District Court in Baltimore on Monday. He faces up to five years in prison if convicted on the charge of interstate communications with a treat to injure.
“The LGBTQ+ community is under attack in statehouses across the country and on social media platforms,” an HRC spokesperson told the Washington Blade on Tuesday in a statement. “This violent, hateful rhetoric leads to stigma, and stigma leads to physical violence. As we see radical politicians sow hate and fear with anti-LGBTQ+ rhetoric, we have seen the physical threats to our community multiply — from armed men at Pride parades, to threats of violence against local drag shows at libraries, to bomb threats at children’s hospitals, to the continued rise in fatal violence against members of our community, especially Black transgender women.
“Late last month, HRC received two threatening voicemails,” added the spokesperson. “These threats were referred to law enforcement, who have since confirmed that they have made an arrest. We are grateful to law enforcement for acting so quickly to keep our community safe, and we condemn any and all violent words or deeds. We will continue our work to call out those who spread violence, fear, and disinformation.”
U.S. Federal Courts
Melissa DuBose becomes first Black and first LGBTQ judge on federal court in R.I.
Senators also advance Nicole Berner’s nomination
Judge Melissa DuBose was confirmed by the U.S. Senate on Tuesday for her appointment by President Joe Biden to the U.S. District Court for the District of Rhode Island, where she will be the first Black and the first LGBTQ judge to serve on the bench.
DuBose thanked her partner Amy “for blessing me with over two decades of unwavering love, support, laughter and patience,” and their “two remarkable sons … for gracing me with that special love that is reserved for mothers and sons.”
The vote was 51-47, with only two Republicans supporting her nomination, Susan Collins of Maine and Lindsey Graham of South Carolina.
During a confirmation hearing in February, U.S. Sen. John Kennedy (R-La.) grilled DuBose about an article 24 years ago in which she was quoted as saying she had gone through “a Marxist phase.”
Currently serving as associate judge on the Rhode Island District Court in Providence, DuBose’s nomination was enthusiastically supported by her state’s two Democratic U.S. senators., Jack Reed and Sheldon Whitehouse.
“She’s proven to be an exceptional jurist with a stellar record,” said the former on the Senate floor, adding, “She has dedicated her life to public service, and Rhode Island is fortunate that she has once again answered the call.”
Whitehouse said, “This is a person, a lifelong Rhode Islander, who is exceedingly well regarded in our community.”
Nicole Berner’s nomination advances
Another lesbian judge nominated by Biden to serve a lifetime tenure on the federal bench is Nicole Berner, who has long served as general counsel of the Service Employees International Union and was tapped to join the 4th U.S. Circuit Court of Appeals.
The Senate moved for a cloture vote on her nomination Thursday, meaning a final vote is expected as early as next week. She would be the first LGBTQ judge on the circuit court and the 11th confirmed LGBTQ judge nominated by Biden — tying with the record number who were appointed by former President Barack Obama over two terms in office.
U.S. Federal Courts
N.Y. AG joins multi-state brief in Colo. anti-trans discrimination case
Letitia James and 18 other attorneys general support plaintiff
New York Attorney General Letitia James on Wednesday joined a brief by 18 other Democratic state attorneys general urging the Colorado Supreme Court to uphold a lower court ruling against Masterpiece Cakeshop for anti-trans discrimination.
A customer, Autumn Scardina, sued the business over claims that it refused to provide her a cake upon learning that it was for a celebration of her transition. The case is not the first in which owner Jack Smith has faced claims of anti-LGBTQ discrimination.
In 2012, Masterpiece Cakeshop refused to fulfill an order for a wedding cake for a same-sex couple, which led to the 2018 U.S. Supreme Court case Masterpiece Cakeshop v. Colorado Civil Rights Commission — and a narrow ruling that did not address core legal questions weighing the constitutionality of First Amendment claims vis-a-vis the government’s enforcement of LGBTQ-inclusive nondiscrimination laws.
“Denying service to someone simply because of who they are is illegal discrimination, plain and simple,” James said in a press release. “Allowing this kind of behavior would undermine our nation’s fundamental values of freedom and equality and set a dangerous precedent.”
She added, “I am proud to stand with my fellow attorneys general against this blatant transphobic discrimination.”
The Colorado Court of Appeals ruled in favor of Scardina, noting that Smith objected to fulfilling her cake order only after learning about her intended use for it “and that Phillips did not believe the cake itself expressed any inherent message.”
The fact pattern in both cases against Masterpiece Cakeshop resembles that of another case that originated in Colorado and was ultimately decided by the Supreme Court last year, 303 Creative LLC v. Elenis.
This time, the justices did not sidestep the question of whether the state’s anti-discrimination law can be enforced against a business owner, Lorie Smith, a website designer who claimed religious protections for her refusal to provide services to a same-sex couple for their nuptials.
The court’s conservative supermajority ruled in favor of Smith, which was widely seen as a blow to LGBTQ rights.
Joining James in her brief are the attorneys general of Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and D.C.
U.S. Federal Courts
Fla. man found guilty of threatening George Santos
Gay former NY congressman expelled in December
On Feb. 22, following a two-day trial, a federal jury in Ft. Lauderdale convicted a man for calling the office of former U.S. Rep. George Santos (R-N.Y.) in D.C. and threatening to kill the member of Congress and another person.
On Jan. 29, 2023, Frank Stanzione, 53, of Boynton Beach, Fla., made a telephone call from his residence in Boynton Beach to the office of a member of the U.S. House of Representatives. Stanzione left a voice message for the member that stated the following:
“[Victim 1 former Rep. Santos] you fat fucking piece of shit fucker. You better watch your mother fucking back because I’m gonna bash your mother fucking fucker head in with a bat until your brains are splattered across the fucking wall. You lying, disgusting, disgraceful, mother fucking fucker. You mother fucking piece of shit. You’re gonna get fucking murdered you goddamn lying piece of garbage. Watch your back you fat, ugly, piece of shit. You and [Victim 2 Redacted] are dead.”
The congressman’s chief of staff reported the message to the U.S. Capitol Police the next morning. The USCP began investigating the voice message as a threat and determined that it was made from a telephone number assigned to Stanzione.
On Jan. 31, 2023, USCP special agents went to the address associated with the telephone number and interviewed Stanzione. USCP confirmed that Stanzione had left the voice message for the congressman. Stanzione found the telephone number on an online search engine.
In a motion to dismiss, lawyers for Stanzione noted in the interview he told federal agents that “he feels offended by Santos and does not want him in his (gay) community.” He said he left the message to make Santos “feel like a piece of shit.”
The court filing described Stanzione as “a long-standing, active advocate for gay rights.”
In the motion to dismiss, Stanzione claimed his prosecution was “retaliatory and vindictive” and “based upon his exercise of political speech related to gay rights.”
“Others who have allegedly committed similar acts,” his attorneys stated in the motion, “have not been prosecuted.”
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and USCP Chief J. Thomas Manger announced the guilty verdict. The USCP – Threat Assessment Section investigated the case.
Stanzione will be sentenced in May and faces penalties including up to five years in federal prison, a fine of up to $250,000, or both.
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