New Jersey Could Become 9th State To Ban ‘Gay Panic’ Defense

Image reading 'Greetings from New Jersey'

Image reading 'Greetings from New Jersey'

New Jersey could soon become the 9th state to prohibit the use of “gay panic” as a legal defense tactic in murder cases.

Via Politico:

The defense has been used to attempt to downgrade charges against defendants who argued that they killed because they were provoked by the disclosure of the victim’s gender identity or sexual orientation.

According to the American Bar Association, eight states had barred the “gay panic” defense as of July 2019. New York was the most recent to do so, in June, when Gov. Andrew Cuomo signed a bill on the 50th anniversary of the Stonewall uprising.

The tactic seeks to exploit a state law that allows for the reduction of a murder charge to manslaughter if the crime is “is committed in the heat of passion resulting from a reasonable provocation.”

The bill, NJ A1796 (18R), which the Assembly approved, 73-0, states that “a provocation is not objectively reasonable if it is based on the discovery of, knowledge about, or potential disclosure of the homicide victim’s actual or perceived gender identity or expression, or affectional or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the actor, or if the victim and actor dated or had a romantic or sexual relationship.”

The bill was first introduced in late 2014 by former Assemblyman Tim Eustace (D-Bergen), the state’s second openly gay lawmaker, but it did not advance through the legislative process until this year. 

The legislation now heads to the state Senate where it also must pass to reach Gov. Phil Murphy’s desk.

High School Agrees To Settlement After Deleting Seniors’ Pro-LGBTQ Yearbook Quotes

Mikayla Garaffa and Steven Madrid (image via ACLU)

After a student adviser removed pro-LGBTQ quotes from two graduating seniors at Minarets High School in Northern California from the high school yearbook, the ACLU stepped in on behalf of the two students.

According to a press release from the ACLU, a settlement has been reached that aims to affirm students’ rights and free speech.

The ACLU initially filed suit in March on behalf of two then-Minarets High School seniors, Steven Madrid and Mikayla Garaffa. Their pro-LGBTQ yearbook quotes were removed from their senior yearbook by an adult adviser who wrongly deemed them “political” and “sexual” in nature. Under the settlement agreement, the District agreed to ensure that teachers are trained in the current law requiring schools to create a welcoming and inclusive environment for LGBTQ students. The District also agreed to: • Create an anonymous online complaint system so students can report campus bullying and harassment • Train all District staff about the free speech rights of students • Review relevant policies to ensure their compliance with state law banning discrimination against LGBTQ students • And add language to the parent-teacher handbook affirming students’ rights to be free from discrimination in school-sponsored activities

Oh Brother!

The Hill reports that the Donald tweeted this image an hour after arriving at his Florida golf club. God only knows what this even means in his ego-driven mind.

There might have been a few comments…

Koala Rescued In Dramatic Viral Video Dies In Hospital

Last week, I shared the incredible video footage of a heroic woman saving a koala bear who was badly burned in an Australian brushfire. The viral video showed a local woman named Toni Doherty who ran to the koala’s rescue. She quickly took off her own shirt to protect the crying animal and then poured water over it to try and cool the burns. Sometimes, heroes don’t wear capes. They save the day dressed in a bra and sensible sandals. The injured koala was eventually taken to the Port Macquarie Koala Hospital for treatment. The country’s koala populations have been a major victim of the flames, with more than 350 of the marsupials feared killed in a major habitat.”

But today comes the sad news that Lewis’ injuries were more than his little body could bear and the hospital doctors were forced to help the koala pass away as peacefully as possible. The Koala Hospital of Port Macquarie shared on its Facebook page the sad news: “Today we made the decision to put Ellenborough Lewis to sleep. We placed him under general anesthesia this morning to assess his burns injuries and change the bandages. We recently posted that ‘burns injuries can get worse before they get better.’ In Ellenborough Lewis’s case, the burns did get worse and unfortunately would not have gotten better. The Koala Hospital’s number one goal is animal welfare, so it was on those grounds that this decision was made. We thank you for your ongoing support.”
Due to deforestation, and now the bushfires, the koala population has been massively impacted. TIME reports that over 1,000 koalas have perished in the raging fires over the past two months.

Red Cross Asks FDA To Lower Blood Donation Restrictions For Gay/Bi Men

France has lifted its ban on blood donations by gay and/or bisexual men which has been in place since the early days of the HIV/AIDS epidemic.

A young man donates blood (image via Depositphotos) The American Red Cross has issued a statement urging the Food and Drug Administration (FDA) to reduce the restrictions for gay and bisexual men to give blood. The Red Cross is asking the FDA to “consider reducing its deferral time for men who have sex with men (MSM) from twelve to three months.” Currently, gay and bisexual men are prohibited from donating blood if they have had sexual contact with another man within the past 12 months. That policy, begun in December 2015, replaced a decades-old regulation banning MSM and transgender women from donating blood at all. The Red Cross calls its suggested revision of current policy a “scientifically-based interim step” while further options are evaluated. The statement notes a 3-month policy would be consistent with other leading countries like Great Britain and Canada. The health organization also recommends “expanded use of new technologies to work toward the elimination of donor eligibility questions that would no longer be necessary.” Underscoring a commitment to “ensure that every blood recipient receives safe, lifesaving blood,” the statement declares that donating blood “should not be determined by methods that are based upon sexual orientation.” “We are committed to working toward achieving this goal,” adds the Red Cross. In a statement to NewNowNext, the FDA characterized the current 12-month ban as “a behavior-based policy, not one based upon sexual orientation.” The FDA’s statement goes on to note that the 2015 policy change was prompted, in part, by reviewing studies in blood donors which “showed that a history of male-to-male sexual contact was associated with a 62-fold increased risk for being HIV positive, whereas the increase in risk for a history of multiple sexual partners of the opposite sex in the last year was 2.3-fold.” The FDA added, “While acknowledging at the time that the change to a 12-month deferral was less than hoped for by some, the FDA considered this to be a first step in the process of evaluating and progressing its blood donor deferral policies for all donors.” I’ve been asked in the past what would happen if a gay man who is undetectable were to donate blood? I’m not a doctor, but some thoughts: The first thing that comes to mind is when you donate you’re asked if you’ve had sex with a man in the past 12 months. If you say yes, they won’t let you donate. If you fib, the blood will be tested and could be found to have HIV antibodies. You might be contacted by health officials to inquire if you were aware you’re positive. “Undetectable” is generally defined as less than 40 copies per ml, while under 200 copies per ml is considered “viral suppression.” According to the CDC, “a person with HIV who takes HIV medicine as prescribed and gets and stays virally suppressed or undetectable can stay healthy and has effectively no risk of sexually transmitting HIV to HIV-negative partners.” During sex, only small amounts of blood and semen are exchanged which is why U=U. But in blood transfusions, a lot of blood is being transferred. So I would imagine it’s possible some amount of virus – however tiny –  could be transferred. The issue I have with the FDA’s blood policy is sexually active HIV-negative gay men can’t donate, but a woman who might have unprotected sex with several partners can. It’s about the stigma attached that the current policy furthers. Plus, all donated blood is tested for a multitude of possible issues. So, I don’t see why a sexually active gay man who is HIV negative couldn’t be allowed to donate. For more information about the current blood donation policy in the U.S., check out this Q&A on the FDA’s official site. (source: Red Cross, NewNowNext)

News Round-Up: November 25, 2019

From the 2020 Mitch Fit calendar
Some news items you might have missed: • InstaHunks: Yep, it’s calendar season and if you like gingers (umm, who doesn’t?), the new Mitch Fit calendar is for you! • Daily Beast: Robert De Niro declares he’s Team Buttigieg saying in a recent interview, “He’s got all the credentials — Rhodes Scholar, Afghanistan veteran — even though he’s young, and if he could get a chance it could be something special, I think.” • Men’s Health: Henry Cavill talks about what motivates him in the gym. “It’s not like I’m a golden god — I’m just proud of what I achieved. And then you can take your clothes off in front of your significant other, and they’re like, ‘Goddamn, you look great!’ Like, ‘Yes! I’m making other people happy.’” For the record, yes – it would make me happy for Henry to take his clothes off 🙂

• ABC News: Donald Trump, whose sons enjoy killing animals for enjoyment, signed into law today a bill that makes animal cruelty a felony. I totally support the new law, but the irony is inescapable. • Global Citizen: Italy has passed a law that will give garbage collection tax breaks to businesses that donate unsold to charities rather than throw it away. Currently, the country spends more than $13 billion USD on waste management. • New Music: Like the track itself, the new music video for “Oh Mama” from indie-pop group Milky Chance has a trippy, retro blues vibe. It’s pretty hard to avoid nodding in time with the song. From the band’s new release Mind The Moon.

Judge Rules Former White House Counsel Must Testify Before Congress

Don McGahn II (photo: Gage Skidmore/FlickrCC License)
A federal judge ruled on Monday that former White House counsel Donald F. McGahn II must testify before House investigators per a congressional subpoena regarding Donald Trump’s efforts to obstruct the Mueller investigation. The White House has attempted to assert ‘absolute immunity’ regarding advisers to the president. From the New York Times:

Judge Ketanji Brown Jackson of the Federal District Court for the District of Columbia rejected the Trump administration’s sweeping claim that top presidential advisers are absolutely immune from being compelled to talk about their official duties — meaning they do not even have to show up in response to a subpoena.

Mr. McGahn is unlikely to appear any time soon because it is virtually certain that the Justice Department will file an appeal and seek a stay of the judge’s ruling. He and his lawyer, William A. Burck, have taken the position that the fight is between Congress and the Trump administration, permitting administration lawyers to handle the case.

“Don McGahn will comply with Judge Jackson’s decision unless it is stayed pending appeal,” Mr. Burck said in an email. “The DOJ is handling this case, so you will need to ask them whether they intend to seek a stay.”

Should McGahn wait for all expected appeals from Team Trump to be played out, it’s very possible the issue won’t be worked out in time for his testimony to occur before the end of the ongoing impeachment inquiry. Judge Jackson rejected all 3 of DOJ’s arguments finding that “the claim that a President’s senior-level aides have absolute testimonial immunity is meritless.” I’ll be curious to see if this moves the needle on whether former National Security Adviser John Bolton will now agree to testify.

Pentagon Chief Fires Navy Secretary Over Discredited Navy SEAL

Fifty-four percent of Americans believe Donald Trump should be impeached

Commander in chief Donald Trump
Update: Well, that didn’t take long. Clearly, Donald Trump didn’t want to get his fingerprints on this, so he told his Defense Sec to handle it. From the Washington Post:

Esper asked for Spencer’s resignation after learning that he had privately proposed to White House officials that if they did not interfere with proceedings against Gallagher, then Spencer would ensure that Gallagher was able to retire as a Navy SEAL, with his Trident insignia.

Spencer’s private proposal to the White House — which he did not share with Esper over the course of several conversations about the matter — contradicted his public position on the Gallagher case, chief Pentagon spokesman Jonathan Hoffman said in a statement.

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After a Navy SEAL was accused of several war crimes and acquited of most but not all of them, the Navy demoted him. The commando was accused of shooting civilians, murdering a captive Islamic State fighter with a hunting knife in Iraq, and threatening to kill SEALs who reported him. He was ultimately found guilty of bringing discredit to the armed forces by posing for photos with the teenage captive’s dead body. But Donald Trump, after intense lobbying by the man’s family, reversed that decision as Commander in Chief. The Navy then announced plans to remove the man from his unit. Trump pushed back again. From the New York Times:

The secretary of the Navy and the admiral who leads the SEALs have threatened to resign or be fired if plans to expel a commando from the elite unit in a war crimes case are halted by President Trump, administration officials said Saturday.

The high-level pushback to Mr. Trump’s unambiguous assertion on Twitter this past week that the commando, Chief Petty Officer Edward Gallagher, should remain in the unit was an extraordinary development in what was already an extraordinary case, one with few precedents in the history of presidential relations with the American military.

The Navy secretary, Richard V. Spencer, later denied that he had threatened to resign but said disciplinary plans against Chief Gallagher would proceed because he did not consider Mr. Trump’s statement on Twitter to be a formal order. Mr. Spencer added that the president, as commander in chief, had the authority to intervene and that it would stop “the process.”

Chief Gallagher, who counts Mr. Trump as one of his most vocal supporters, was accused of shooting civilians, murdering a captive Islamic State fighter with a hunting knife in Iraq, and threatening to kill SEALs who reported him, among other misconduct. His court-martial ended in acquittal on those charges.

Last Friday, Mr. Trump reversed that demotion, angering Navy officials, including the commander of the SEALs, Rear Adm. Collin Green, who had little choice but to accept the reversal. Nonetheless, they continued with their plans to eject Chief Gallagher from the unit.

The AP reports that the Navy has received word from the White House that Trump’s tweet “is not a formal order.”

Twitter Claps Back At Trump Jr For HIV Stigma Comment

Donald Trump Jr.
Donald Trump Jr. got some serious pushback on Twitter after a snarky response to a tweet from an LGBTQ news site regarding dating people with HIV. Responding to a tweet that read, “What you stand to lose by not having sex with people with HIV,” the junior Donald wrote, “Well I can think of one thing.” Junior didn’t expound on his intention in his comment, although it is surprising he follows LGBTQ news outlets on Twitter. But many felt his tweet furthered the stigma associated with people living with HIV. Ironically, the article in question, by writer David Hudson, explored exactly that kind of discrimination and stigma that affects those who are living with HIV. “If someone is HIV positive, knows their status, is on effective medication and has consistently had an undetectable viral load, they cannot pass on the virus,” Hudson shared in the piece. “PrEP is also widely available in the US and several other countries to prevent people from acquiring HIV. And condoms are also, of course, widely available.” As I’ve written many times here, current research shows there is no risk of transmitting the HIV virus to others when properly using antiretroviral medications to bring the viral load down to zero, aka ‘undetectable.’ The Centers for Disease Control has publicly announced its support for the campaign that states Undetectable = Untransmittable. Additionally, PrEP (pre-exposure prophylaxis) and condoms greatly reduce the possibility of HIV infection. The Twitterverse criticized Trump Jr. for reinforcing outdated HIV stigma: