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Jussie Smollett found guilty of staging attack

Actor charged with orchestrating hate crime

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Jussie Smollett (Blade file Screenshot via YouTube)

The jury in the case of actor Jussie Smollett has reached a guilty verdict in his trial on five felony charges that he faked a hate crime and was responsible for orchestrating it in January 2019.

The jury deliberated for just over nine hours Wednesday and Thursday after the one week trial saw closing testimony and arguments Wednesday afternoon.

Smollett, 39, convicted on five counts of disorderly conduct, a class 4 felony, is facing potential sentencing of up to three years in prison. According to a Chicago criminal defense attorney speaking on background, he contended that based on his experience with the legal system in the Chicago court system, that the actor will likely be placed on probation and ordered to perform community service.

Smollett testifying in his own defence told the court that he was physically attacked around 2:30 a.m. on Jan. 29 by two men who hurled homophobic and racist slurs at him including the phrase ‘MAGA country,” a reference to former president Trump’s presidential campaign slogan.

The former “Empire” star was previously indicted by Cook County prosecutors in February 2019 after law enforcement authorities alleged he had conspired with two black friends to stage the attack because he was dissatisfied with his salary from the Fox series and wanted to generate publicity to boost his career. In March, the charges against him were dropped, with little explanation from prosecutors – though at the time, presiding Judge Michael Toomin suggested that he could be charged again.

The second indictment comes from special prosecutor Dan Webb, who was appointed to the case by Toomin after the initial charges were dropped. In a statement, Webb said that Smollett was charged with six felony counts of disorderly conduct, connected to four separate false reports that he gave to police in which he claimed to be a victim of a hate crime “knowing that he was not the victim of a crime.”

After initially investigating the incident as a hate crime, Chicago detectives in their sworn affidavits and testimony noted that their investigation uncovered that Smollett paid brothers Olabinjo “Ola” and Abimbola “Abel” Osundairo, who are from Nigeria to stage the attack.

During their testimony last week, the Osundairo brothers told the court that the actor had recruited them to fake the attack near his home in downtown Chicago. They testified that Smollett who is openly gay and Black instructed them to put a noose around his neck, yell racist and homophobic slurs, and rough him up in view of a nearby surveillance camera.

Evidence presented by the prospectors showed the two brothers in a local retail store purchasing the rope and other items used to stage the attack that Chicago police determined the actor paid for.

On Wednesday, special prosecutor Dan Webb told the jury that Smollett caused Chicago police to spend enormous resources investigating what they believe was a fake crime the Associated Press reported.

“Besides being against the law, it is just plain wrong to outright denigrate something as serious as a real hate crime and then make sure it involved words and symbols that have such historical significance in our country,” Webb said.

Webb also cast doubts on Smollett’s integrity and credibility in his testimony telling jurors that the surveillance video from before the alleged attack and that later night contradicts key moments of Smollett’s account of the events.

Smollett’s defense attorney Nenye Uche disputed the Osundairo brothers testimony labeling them “sophisticated liars” who may have been motivated to attack the actor because of homophobia or because they wanted to be hired to work as his security. “These guys want to make money,” he told the court.

The special prosecutor during the trial also took aim at the actor’s refusal to turn over his cellphone to investigators or give them a DNA sample or access to his medical records to help with the investigation. Smollett testified he doesn’t trust Chicago police, and that he was concerned about his privacy.

“If he was a true victim of a crime he would not be withholding evidence,” Webb said.

Smollett’s defense attorney told the court that it was “nonsense” for police to ask the actor for his DNA when he was still considered the victim of a crime. He also noted Smollett later provided DNA to the FBI for a separate investigation into hate mail he had received at the studio for the ‘Empire’ shortly before the alleged attack. “He wasn’t hiding anything,” Uche said.

The Chicago Tribune reported that Smollett remained stoic as the verdict was announced. He was found guilty on five of six counts. The first five counts related to Smollett’s conduct on the day of the incident, while the sixth related to his conversation with a police detective.

Cook County Circuit Judge James Linn set a Jan. 27 hearing date for motions in the case prior to the actor’s sentencing.

The actor’s lawyers said after the today’s verdict that they are set to file an appeal but his legal problems also extend to the city of Chicago’s civil lawsuit against the “Empire” star demanding he repay the city $130,000 — the cost of the police investigation into the incident he reported as an alleged hate crime.

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U.S. Supreme Court

Supreme Court to consider bans on trans athletes in school sports

27 states have passed laws limiting participation in athletics programs

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Thursday agreed to hear two cases involving transgender youth challenging bans prohibiting them from participating in school sports.

In Little v. Hecox, plaintiffs represented by the ACLU, Legal Voice, and the law firm Cooley are challenging Idaho’s 2020 ban, which requires sex testing to adjudicate questions of an athlete’s eligibility.

The 9th U.S. Circuit Court of Appeals described the process in a 2023 decision halting the policy’s enforcement pending an outcome in the litigation. The “sex dispute verification process, whereby any individual can ‘dispute’ the sex of any female student athlete in the state of Idaho,” the court wrote, would “require her to undergo intrusive medical procedures to verify her sex, including gynecological exams.”

In West Virginia v. B.P.J., Lambda Legal, the ACLU, the ACLU of West Virginia, and Cooley are representing a trans middle school student challenging the Mountain State’s 2021 ban on trans athletes.

The plaintiff was participating in cross country when the law was passed, taking puberty blockers that would have significantly reduced the chances that she could have a physiological advantage over cisgender peers.

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ and HIV Project. “Trans kids play sports for the same reasons their peers do — to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block said.

He added, “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits.”

Borelli continued, “The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

Shortly after taking control of both legislative chambers, Republican members of Congress tried — unsuccessfully — to pass a national ban like those now enforced in 27 states since 2020.

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Federal Government

UPenn erases Lia Thomas’s records as part of settlement with White House

University agreed to ban trans women from women’s sports teams

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U.S. Education Secretary Linda McMahon (Screen capture: C-SPAN)

In a settlement with the Trump-Vance administration announced on Tuesday, the University of Pennsylvania will ban transgender athletes from competing and erase swimming records set by transgender former student Lia Thomas.

The U.S. Department of Education’s Office for Civil Rights found the university in violation of Title IX, the federal rights law barring sex based discrimination in educational institutions, by “permitting males to compete in women’s intercollegiate athletics and to occupy women-only intimate facilities.”

The statement issued by University of Pennsylvania President J. Larry Jameson highlighted how the law’s interpretation was changed substantially under President Donald Trump’s second term.

“The Department of Education OCR investigated the participation of one transgender athlete on the women’s swimming team three years ago, during the 2021-2022 swim season,” he wrote. “At that time, Penn was in compliance with NCAA eligibility rules and Title IX as then interpreted.”

Jameson continued, “Penn has always followed — and continues to follow — Title IX and the applicable policy of the NCAA regarding transgender athletes. NCAA eligibility rules changed in February 2025 with Executive Orders 14168 and 14201 and Penn will continue to adhere to these new rules.”

Writing that “we acknowledge that some student-athletes were disadvantaged by these rules” in place while Thomas was allowed to compete, the university president added, “We recognize this and will apologize to those who experienced a competitive disadvantage or experienced anxiety because of the policies in effect at the time.”

“Today’s resolution agreement with UPenn is yet another example of the Trump effect in action,” Education Secretary Linda McMahon said in a statement. “Thanks to the leadership of President Trump, UPenn has agreed both to apologize for its past Title IX violations and to ensure that women’s sports are protected at the university for future generations of female athletes.”

Under former President Joe Biden, the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

The Trump-Vance administration last week put the state of California on notice that its trans athlete policies were, or once were, in violation of Title IX, which comes amid the ongoing battle with Maine over the same issue.

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New York

Two teens shot steps from Stonewall Inn after NYC Pride parade

One of the victims remains in critical condition

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The Stonewall National Memorial in New York on June 19, 2024. (Washington Blade photo by Michael K. Lavers)

On Sunday night, following the annual NYC Pride March, two girls were shot in Sheridan Square, feet away from the historic Stonewall Inn.

According to an NYPD report, the two girls, aged 16 and 17, were shot around 10:15 p.m. as Pride festivities began to wind down. The 16-year-old was struck in the head and, according to police sources, is said to be in critical condition, while the 17-year-old was said to be in stable condition.

The Washington Blade confirmed with the NYPD the details from the police reports and learned no arrests had been made as of noon Monday.

The shooting took place in the Greenwich Village neighborhood of Manhattan, mere feet away from the most famous gay bar in the city — if not the world — the Stonewall Inn. Earlier that day, hundreds of thousands of people marched down Christopher Street to celebrate 55 years of LGBTQ people standing up for their rights.

In June 1969, after police raided the Stonewall Inn, members of the LGBTQ community pushed back, sparking what became known as the Stonewall riots. Over the course of two days, LGBTQ New Yorkers protested the discriminatory policing of queer spaces across the city and mobilized to speak out — and throw bottles if need be — at officers attempting to suppress their existence.

The following year, LGBTQ people returned to the Stonewall Inn and marched through the same streets where queer New Yorkers had been arrested, marking the first “Gay Pride March” in history and declaring that LGBTQ people were not going anywhere.

New York State Assemblywoman Deborah Glick, whose district includes Greenwich Village, took to social media to comment on the shooting.

“After decades of peaceful Pride celebrations — this year gun fire and two people shot near the Stonewall Inn is a reminder that gun violence is everywhere,” the lesbian lawmaker said on X. “Guns are a problem despite the NRA BS.”

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