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Mystery surrounds DOJ’s second gay hate crime case

Assault victim posted YouTube video describing attack

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Renaissance Center, Detroit, Michigan, gay news, Washington Blade

Witnesses failed to help as Everett Dwayne Avery shouted anti-gay epithets while attacking Justin Alesna as they waited in line at a Detroit gas station. Avery has plead guilty to a Federal hate crime. (photo by Carol Spears via Wikimedia)

The U.S. Department of Justice announced on Aug. 29 that a 36-year-old Michigan man pleaded guilty in court in Detroit to a federal hate crime in connection with an assault against a man he believed to be gay in March 2011.

But the DOJ and Detroit police have yet to publicly disclose whether local authorities investigated the case between the time the attack took place on March 7, 2011 and the time federal officials charged the perpetrator with a hate crime on Aug. 10, 2012.

The DOJ announcement says Everett Dwayne Avery admitted he struck the victim in the face while the two were customers in a gas station convenience store in Detroit, causing the victim to suffer a fractured eye socket and other facial injuries. Documents filed by prosecutors in federal court say Avery shouted anti-gay names at the victim during the assault.

The case represents the second time federal authorities have invoked the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act to prosecute someone for an anti-gay hate crime. Congress passed and President Obama signed the measure into law in 2009.

The act authorizes federal authorities to prosecute hate crimes based on a victim’s sexual orientation or gender identity if local authorities are unable or unwilling to prosecute such a case or if local officials invite federal prosecutors to become involved in the case.

“Hate-fueled incidents have no place in a civilized society,” said Thomas E. Perez, Assistant Attorney General for the DOJ’s Civil Rights Division. “The Justice Department is committed to using all the tools in our law enforcement arsenal, including the Matthew Shepard and James Byrd Jr. Have Crimes Prevention Act, to prosecute acts of violence motivated by hate.”

Spokespersons for the DOJ, the FBI, which investigated the case, and the Detroit police department said they could not immediately determine whether Avery had been apprehended and prosecuted by the police before federal officials filed the hate crime charge against him on Aug. 10.

The DOJ also did not say why it chose not to disclose the victim’s name. The victim, Justin Alesna, 23, posted a YouTube video describing the anti-gay attack less than two weeks after it happened. More than 3,400 people have viewed the video since its posting, according to YouTube.

Alesna’s assertion in the video that the convenience store clerk and at least two customers in the store refused to come to his aid and the clerk refused to call police were widely reported by news media outlets in Detroit, including the local CBS affiliate.

DOJ spokesperson Mitchell Rivard said the FBI and federal prosecutors became involved in the case after being contacted by the statewide LGBT organization Equality Michigan. Rivard said local law enforcement officials supported the federal involvement because Michigan’s hate crimes law doesn’t cover hate based on someone’s sexual orientation.

Rivard said he couldn’t immediately determine whether local police and prosecutors attempted to charge Avery with a felony-related assault even though the state lacks a hate crimes law that covers anti-gay hate crimes. A Detroit police spokesperson didn’t immediately respond to queries from the Blade to determine whether police opened an investigation into the case.

Under the federal hate crimes law, Avery faces a maximum sentence of 10 years in prison. His sentencing is scheduled for Nov. 28 in the U.S. District Court for the Eastern District of Michigan.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

“I am grateful to everyone whose love and support for our work through the years has sustained me.

“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.  

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.” 

Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”

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