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Oregon lawmakers pass law banning gay/trans panic defense

Its passage makes Oregon the 14th state in the U.S. to ban LBGTQ+ panic defenses

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Oregon State Capitol Building (Photo Credit: State of Oregon government)

SALEM, OR. – Lawmakers in the Oregon House of Representatives with unanimous support during a House vote on Thursday passed Senate Bill 704, a measure that bans the “gay panic” or “trans panic” defense in criminal court proceedings.

The law’s language states that “discovery of victim’s actual or perceived gender, gender identity, gender expression or sexual orientation does not constitute reasonable explanation for extreme emotional disturbance for purposes of affirmative defense to murder in the second degree.”

“Defendants use these defenses in an effort to avoid full accountability on the grounds that the actual or perceived sexual orientation or gender identity of the victim is reasonable in and of itself to be considered adequate provocation,” said one of the bill’s chief sponsors, Democratic Representative Karin Power, (D-41 Milwaukie). “The passage of this bill will send a strong and proactive message that the perpetrator of a second-degree murder will not be able to excuse the crime simply based on who their victim is.”

The legislation was first introduced by Basic Rights Oregon, an LBGTQ+ rights group based in Portland, and with its passage through the state legislature will make Oregon the 14th state in the U.S. to ban LBGTQ+ panic defenses.

When the bill was passed by the Senate in April, State Senator Katie Lieber, the first out member of the Upper Chamber noted at the time, “The fact that this defense is available in state law is a relic of hate against LGTBQ+ individuals. No one should be able to use a person’s identity to justify or excuse acts of violence against them. Legal protection for bigotry is absolutely unacceptable and repealing this antiquated and hateful law is long overdue.”

“As only the second LGBTQIA+ and first openly gay member of the Oregon Senate, I feel very strongly about ensuring that Oregon is a safe place for my community,” Lieber added. “In addition, as an attorney and former prosecutor, I know well the need for clear, statutory language when it comes to protecting communities who are at risk of discrimination and violence.”

The bill now heads to Democratic Governor Kate Brown’s desk for her signature.

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Vermont

Out Vermont state senator wins Democratic primary in U.S. House race

Tuesday’s victory makes her likely to become the first woman and openly LGBTQ+ person to represent the heavily Democratic state in Congress

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Screenshot via Becca Balint for Congress

MONTPELIER – The Green Mountain State’s state Senate president pro tempore has won the Democratic nomination for the state’s at-large congressional seat, the state’s lone seat in the U.S. House of Representatives.

Becca Balin is running to succeed U.S. Rep. Peter Welch and Tuesday’s victory makes her likely to become the first woman and openly LGBTQ+ person to represent the heavily Democratic state in Congress if elected in November. Vermont is the only state that has never had a female member of its congressional delegation.

The VTDigger, a statewide news website, reported; “Balint, 53, is the first openly gay woman elected to the Vermont Senate and the first woman to serve as its president. The former middle school teacher and stay-at-home mother won her first political contest in a race for her southeastern Vermont Senate seat in 2014

She rose quickly through the ranks of the Democrat-controlled chamber, becoming majority leader in 2017, at the start of her second term. Four years later, in 2021, she was elected pro tem — the top position in the Senate.”

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District of Columbia

Gay couple assaulted in D.C. by teens shouting ‘monkeypox faggots’

The men were treated and released at Howard University Hospital for head and facial bruises, with one receiving stitches for a deep cut

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Photo credit: Washington Metropolitan Police Dept/Facebook

WASHINGTON – Two young men appearing in their late teens shouted the words “monkeypox faggots” at a gay male couple walking along 7th Street, N.W. in the city’s Shaw neighborhood on Sunday, Aug. 7, before punching the two men in the face and head in an incident that D.C. police have called a suspected hate crime.

The gay men were treated and released at Howard University Hospital for head and facial bruises, with one of the two receiving stitches for a deep cut on his upper lip, according to one of the victims who spoke to the Washington Blade.

The victim, an Alexandria resident who asked that he and his partner, a D.C. resident, not be identified by name, said the attackers were part of a group of four or five young men appearing to be between 17 and 19 years old and two young women accompanying them. He said the group crossed paths with the gay couple around 5:40 p.m. in front of a store on the 1700 block of 7th Street, N.W., as the couple was walking to a nearby bus stop on Rhode Island Avenue.

The victim who spoke to the Blade said a nearby witness called D.C. police, who arrived within a few minutes as the two attackers and the other young men with them fled the scene. He said although an ambulance arrived on the scene, one of the police officers drove the couple to nearby Howard University Hospital, where they spent about six hours in the emergency room.

The couple had spent part of that 90+ degree day at the city’s Banneker Pool and later stopped at the Kiki gay bar on U Street, N.W. before taking what the victim who spoke to the Blade said was a leisurely walk from Kiki via 7th Street on their way to the bus stop, where they planned to take the bus to his boyfriend’s Northeast D.C. house.

As the couple walked south on 7th Street about a block from their destination on Rhode Island Avenue they crossed paths with the group of teenagers in front of a store that a D.C. police report says was at 1731 7th St., N.W.

“They were about 17 to 19 years old,” the victim who spoke to the Blade said. “And one of them started saying stuff like, hey, look at these monkeypox faggots and some not so nice stuff like that,” he said.

Two persons of interest considered possible suspects in the Sunday, Aug. 7 assault of a gay couple on the 1700 block of 7th Street, N.W. Police ask anyone who recognizes one or both individuals to contact police at 202-727-9099.
(Image courtesy of the D.C. Metropolitan Police Department)

“We turned around to walk away and one of them came up behind me and got my attention and then sucker punched me and then hit me again and then hit my boyfriend in the face,” the victim said. “And another person hit him in the face as well,” he said. “And then someone across the street called the cops. And then the cops came, and they scattered off.”

To the couple’s surprise, the two young women remained on the scene and apologized for the actions by the guys they were with.

“So, I said something like thanks for the apology, but this is the kind of people you hang out with,” the victim recounted. “And one of them said their dad was gay, and they kind of walked away before the cops got there,” he said. “It was nice of them to apologize I guess for the other people.”

The D.C. police report lists the incident as having two offenses, a simple assault against the two men and a misdemeanor destruction of property related to the destruction of a pair of sunglasses worn by one of the two men that were damaged in the assault against him.

The report also lists the incident as a suspected “Sexual orientation – Anti-Gay” hate crime.

As in all incidents of violent crime, D.C. police call on members of the public to contact the police with information about an incident like this to call police at 202-727-9099 or text a tip to the department’s TEXT TIP LINE at 50411.

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Federal Government

Biden administration ends ‘Remain In Mexico’ policy for asylum seekers

DHS had held off lifting the MPP protocols until after the Supreme Court’s ruling and then until the U.S. District Judge lifted his injunction

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Secretary of Homeland Security Alejandro N. Mayorkas meeting with Honduran Security Minister Sabillon, July 27, 2022 (Photo Credit: U.S. Dept. of Homeland Security)

WASHINGTON – The U.S. Department of Homeland Security (DHS) announced Monday that the Migrant Protection Protocols (MPP) colloquially referred to as the ‘Remain-in-Mexico’ policy for asylum seekers at the nation’s Southern border has ended.

In a statement issued yesterday, DHS noted;

“We welcome the U.S. District Court’s decision, which follows the U.S. Supreme Court’s June 30th decision, to lift the injunction that required DHS to reimplement the Migrant Protection Protocols (MPP) in good faith.

DHS is committed to ending the court-ordered implementation of MPP in a quick, and orderly, manner. Individuals are no longer being newly enrolled into MPP, and individuals currently in MPP in Mexico will be disenrolled when they return for their next scheduled court date.  Individuals disenrolled from MPP will continue their removal proceedings in the United States.”

DHS officials had held off lifting the MPP protocols until after the Supreme Court’s ruling and then additionally until U.S. District Judge Matthew Kacsmaryk, a Trump appointee in Amarillo, Texas, had lifted his injunction. 

“MPP has endemic flaws, imposes unjustifiable human costs, and pulls resources and personnel away from other priority efforts to secure our border,” Secretary of Homeland Security Alejandro N. Mayorkas said as DHS removed the MPP policy.

The DHS statement also noted that the Department will provide additional information in the coming days. “MPP enrollees should follow the directions on their court documents and tear sheets to appear for their scheduled court date as required.”

DHS continues to enforce our nation’s immigration and public health laws, including the Centers for Disease Control and Prevention’s Title 42 public health order as required by court order. Individuals encountered at the Southwest Border who cannot establish a legal basis to remain in the United States will be removed or expelled, the statement added.

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