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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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Federal Government

State Department to issue passports with ‘X’ gender marker

Special LGBTQ rights envoy celebrates ‘significant step’

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(Public domain photo)

WASHINGTON — The State Department on Wednesday is expected to issue the first U.S. passport with an “X” gender marker.

Jessica Stern, the special U.S. envoy for the promotion of LGBTQ rights abroad, on Tuesday told the Los Angeles Blade and the Associated Press during a conference call the State Department will initially issue a gender-neutral passport to one person.

Stern said the State Department will begin “offering the ‘X’ gender marker option to routine passport applicants” in early 2022. A State Department official said the delay is necessary because the U.S. Office of Management and Budget needs to approve “the required form updates.”

Secretary of State Antony Blinken in June announced the State Department will allow passport applicants to “self-select their gender as ‘M’ or ‘F'”

People who identify as intersex, non-binary or gender non-conforming can choose a gender-neutral gender marker for their passports and Consular Report of Birth Abroad, a document that confirms an American who was born overseas is a U.S. citizen. The new policy that Blinken announced in June no longer requires “medical certification if an applicant’s self-selected gender does not match the gender on their other citizenship or identity documents.”

“Offering a third gender marker is a significant step towards ensuring that our administrative systems account for the diversity of gender identity, gender expression and sex characteristics,” said Stern during the conference call. “Because people do not always fit within a male or a female designation, it doesn’t benefit anyone to have inconsistencies between people and systems.”

Stern added passports with an “X” gender marker will “reflect the true gender of the passport holder and make people safer, hopefully by reducing the likelihood of dehumanizing harassment and mistreatment that so often happens at border crossings when a person’s legal documentation does not correspond with their gender expression.”

“When a person obtains identity documents that reflect their true identity, they live with greater dignity and respect,” said Stern.

The State Department’s announcement comes a day after it publicly acknowledged Intersex Awareness Day, which commemorates the world’s first-ever intersex rights protect that took place in Boston in 1996.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as non-binary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. The State Department official with whom the Blade spoke on Tuesday declined to say whether Zzyym is the first person who will receive a gender-neutral passport in the U.S.

“The department does not generally comment on individual passport applications due to privacy considerations,” said the official.

Lambda Legal, which represents Zzyym, in a press release said their client on Wednesday received a passport with an “X” gender marker.

“I almost burst into tears when I opened the envelope, pulled out my new passport, and saw the ‘X’ stamped boldly under ‘sex,’” said Zzyym in the press release. “I’m also ecstatic that other intersex and non-binary U.S. citizens will soon be able to apply for passports with the correct gender marker. It took six years, but to have an accurate passport, one that doesn’t force me to identify as male or female but recognizes I am neither, is liberating.”

Jessica Stern, the special U.S. envoy for the promotion of LGBTQ rights abroad. (Photo courtesy of OutRight Action International)

President Biden in February signed a memorandum that committed the U.S. to promoting LGBTQ rights abroad.

The White House in June named Stern, who had previously been the executive director of OutRight Action International, a global LGBTQ advocacy group, to her position. Stern said the issuance of passports with “X” gender markers demonstrates the Biden administration’s commitment to LGBTQ rights.

“I am proud that the United States seeks to protect and promote the human rights of LGBTQI+ persons globally and this is an excellent example of leading by example,” said Stern.

Canada, Australia, New Zealand and Argentina are among the handful of other countries that issue gender-neutral passports.

The State Department official said their colleagues have “been coordinating with Canada and New Zealand on best practices as we work towards this goal, based on their experiences.” They said the State Department has also “coordinated with several LGBTQI+ organizations, both directly and through the White House Domestic Policy Council, throughout this process.”

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Federal Government

State Department publicly acknowledges Intersex Awareness Day

Special LGBTQ rights envoy moderated activist roundtable

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State Department (public domain photo)

WASHINGTON — The State Department on Tuesday acknowledged the annual Intersex Awareness Day.

“We proudly recognize the voices and human rights of intersex people around the world,” said State Department spokesperson Ned Price in a statement. “The Department of State is committed to promoting and protecting the rights, dignity, and equality of all individuals, including intersex persons.”

Price in his statement said U.S. foreign policy seeks to “pursue an end to violence and discrimination on the basis of gender, sexual orientation, gender identity or expression, and sex characteristics, while acknowledging the intersections with disability, race, ethnicity, religion, national origin, or other status.” Price also acknowledged intersex people “are subject to violence, discrimination, and abuse on the basis of their sex characteristics” and “many intersex persons, including children, experience invasive, unnecessary, and sometimes irreversible medical procedures.” 

“The department supports the empowerment of movements and organizations advancing the human rights of intersex persons and the inclusion of intersex persons in the development of policies that impact their enjoyment of human rights,” he said.

Jessica Stern, the special U.S. envoy for the promotion of LGBTQ rights abroad, on Tuesday moderated a virtual panel with intersex activists from around the world.

Intersex Awareness Day commemorates the world’s first-ever intersex protest that took place in Boston on Oct. 26, 1996.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as non-binary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with their sex listed as “X.” The State Department in June announced it would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

The U.S. and more than 50 other countries earlier this month signed a statement that urges the U.N. Human Rights Council to protect the rights of intersex people.

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Ohio

Ohio high school cancels play with Gay character after Pastor complains

The School’s fall production of “She Kills Monsters” was scheduled to open in less than one month until the play was canceled

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Hillsboro High School (Screenshot via Cincinnati ABC affiliate WCPO-TV)

HILLSBORO, Oh. — A Southwest Ohio high school’s play was abruptly canceled after Jeff Lyle, a local pastor from Good News Gathering, complained of a gay character. 

Hillsboro High School’s fall production of “She Kills Monsters” was scheduled to open in less than one month, until students learned the play would be canceled last week, reports Cincinnati’s ABC affiliate WCPO

The story follows a high school senior as she learns about her late sister’s life. It is implied throughout the play that her sister is gay, according to the news station.

The play’s cancellation comes a week after Lyle, a long-time voice of the anti-LGBTQ+ religious-right in Ohio, and a group of parents confronted the production’s directors at a meeting, according to Cincinnati CBS affiliate Local 12. Lyle denies pressuring school officials, but tells WCPO he supports the decision.

“From a Biblical worldview this play is inappropriate for a number of reasons, e.g. sexual innuendo, implied sexual activity between unmarried persons, repeated use of foul language including taking the Lord’s name in vain,” Lyle said. 

Some families say they believe Lyle did influence the school’s decision. 

“I think that’s wrong,” Jon Polstra, a father of one of the actors, told WCPO. “All they would have had to do if they objected to something in the play was not go to the play.”

In a statement to Local 12, Hillsboro City Schools Superintendent Tim Davis said the play was canceled because it “was not appropriate for our K-12 audience.”

The Lexington Herald Leader reports that the school planned to perform a version intended for audiences as young as 11 years old. 

Students were “devastated” and “blindsided” by the news, according to WCPO. 

“It felt like we had just been told, ‘Screw off and your lives don’t matter,'” Christopher Cronan, a Hillsboro High student, said. “I am openly bisexual in that school and I have faced a lot of homophobia there, but I never expected them to cancel a play for a fictional character.”

Cronan’s father, Ryan, also voiced his frustration. 

“They want to say the town is just not ready, but how are you not ready? It’s 2021,” Ryan Cronan said.

Students have started a GoFundMe in hopes of putting on the production at a community theater in 2022.

“If we do raise enough money, I am going to be genuinely happy for a very long time, because that means people do care,” Cronan told WCPO.

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