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Ex-Marine guilty of manslaughter while armed

D.C. jury acquits on second-degree murder in case involving anti-gay slur

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Marine Barracks, gay news, Washington Blade

Lance Corp. Phillip Bushong was stabbed to death across the street from the Marine Barracks. (Washington Blade file photo by Michael Key)

A D.C. Superior Court jury on Monday found a 22-year-old former U.S. Marine guilty of manslaughter while armed for the April 2012 stabbing death of a fellow Marine following an altercation in which he allegedly shouted an anti-gay slur.

After four days of deliberations that began prior to the Thanksgiving holiday weekend the jury found then Pfc. Michael Poth not guilty of a more serious charge of second-degree murder while armed.

Judge Russell Canan, who presided over the trial that lasted nearly 10 days, scheduled a sentencing hearing for Poth on Feb. 7. A conviction on manslaughter while armed carries a maximum penalty of 60 years in prison, although voluntary sentencing guidelines allow judges to hand down a significantly lower sentence.

A second-degree murder while armed conviction could have resulted in a 70-year prison sentence.

Poth has been held in jail since the time D.C. police arrested him on April 21, 2012, minutes after witnesses said he stabbed Lance Corp. Phillip Bushong, 23, in the upper chest with a pocketknife on 8th Street, S.E., across the street from the Marine Barracks.

ā€œToday a District of Columbia jury held Michael Poth accountable for stabbing a fellow Marine to death on a public street near their barracks,ā€ said U.S. Attorney Ronald Machen under whose office the case was prosecuted.

ā€œTheir guilty verdict makes clear that our community will not tolerate the deadly violence that so often arises from petty disputes.ā€

The lead prosecutor in the case stated at a pre-trial hearing last year that the stabbing appeared to be a hate crime. But the government never formally classified the case as a hate crime, a designation that could have resulted in a more severe sentence.

Marine Corps officials discharged Poth from active-duty service on less than honorable circumstance shortly after his arrest. Poth had been stationed at the 8th and I Streets, S.E. barracks at the time of the incident. Bushong, who was stationed in North Carolina, was visiting friends in D.C. at the time of the altercation that led to his death just days before he was scheduled to be honorably discharged from the Marines.

Pothā€™s defense attorney argued that Poth, who admitted he stabbed Bushong, did so in self-defense following a verbal altercation that turned violent. The attorney, Bernard Grimm, told the jury that Bushong was the aggressor and that he followed Poth after the two got into a verbal exchange.

One witness, a friend of Bushongā€™s who testified that heā€™s gay, told the jury Poth called him and Bushong a faggot. The witness, congressional staffer Nishith Pandya, said Bushong was straight and the two were platonic friends. Pandya testified that he did not know how Poth could have known heā€™s gay, although at least one witness said Poth may have seen Bushong and Pandya hugging each other on the sidewalk as they left a bar.

Grim argued that Poth was smaller than Bushong. He cited testimony by a Marine guard who witnessed part of the altercation and who said he saw Bushong put one hand on Pothā€™s shoulder and pulled back his other hand as if he were about to throw a punch. It was at that point that Poth stabbed Bushong, according to witnesses.

Grimm also argued that at least one witness testified that Bushong was ordered to leave one of the bars along the street where the incident took place because he was intoxicated and was acting in a boisterous manor. Poth was also believed to have been intoxicated, witnesses said.

Assistant U.S. Attorney Michael Liebman, the lead prosecutor in the case, said Poth hurled the anti-gay slur with the intent of provoking Bushong into a confrontation to give Poth an excuse to stab Bushong. Liebman cited testimony by witnesses that Poth became angry over a remark that Bushong made to Poth when the two Marines first crossed paths on 8th Street sometime earlier in the evening.

He noted that a witness testified that she heard Poth say to himself that he planned to stab someone as he walked along 8th Street after the earlier exchange of words between Poth and Bushong. A D.C. police detective testified that Poth said shortly after his arrest that he hoped Bushong would die when he overheard someone say over a police radio that Bushong was being taken by ambulance to a hospital.

Prosecutors said Bushong was pronounced dead at the hospital about two hours after the stabbing. An autopsy showed he died of a single knife wound that punctured his heart.

ā€œHe announced his intention,ā€ Liebman told the jury in disputing Pothā€™s claim of self-defense. ā€œHe is looking for Lance Corp. Bushong. He wants to do what he said he would do. He wants to stab him.ā€

In concluding his closing arguments, Liebman said, ā€œYou donā€™t get to proclaim self-defense when you proclaim intent to stab someone before you come into contact with them. The law doesnā€™t allow you to use deadly force before you have contact.ā€

Local attorney Dale Edwin Sanders, who practices criminal law in D.C. and Virginia, said the verdict appears fair in a case where the victim was shown through witness testimony to have decided to engage in an altercation rather than walk away from it, even though the stabbing was unjustified.

ā€œIā€™m sure the prosecutors think this is a major victory,ā€ Sanders said. ā€œThey didnā€™t get their second-degree murder conviction but in D.C. the penalty for manslaughter is nearly as great as it is for Murder II,ā€ he said.

ā€œThis sounds like a well-reasoned verdict, a compromise verdict,ā€ said Sanders. ā€œThe jury didnā€™t buy the self-defense claim because they would have acquitted him on both charges if they accepted self-defense.ā€

Sanders added, ā€œThis is not like the jury gave him a passā€¦Heā€™s convicted of a deliberate homicide. Theyā€™re just saying it wasnā€™t pre-meditated. Manslaughter is a form of murder without pre-meditation.ā€

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U.S. Supreme Court

Concern over marriage equality in US grows two decades after first Mass. same-sex weddings

Gay and lesbian couples began to marry in Bay State in 2004

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(Bigstock photo)

Two decades after Massachusetts became the first state to legalize same-sex marriage, a new study reveals both significant progress and ongoing challenges for married LGBTQ couples in the U.S., with a growing sense of insecurity about the future of their rights.

The Williams Institute at UCLA School of Law surveyed 484 married same-sex couples from all 50 states and D.C. The study, released Monday, marks the 20th anniversary of legal same-sex marriage in the U.S.

Researchers found that 93 percent of respondents cited love as a primary reason for marrying, with 75 percent also mentioning legal protections. Over 83 percent reported positive changes in their sense of security, and 74.6 percent noted improved life satisfaction since marrying.

However, the study also highlighted persistent discrimination and growing concerns about the future. About 11 percent of couples who had a wedding reported facing prejudice during the planning process.

Alarmingly, nearly 80 percent of respondents expressed concern about the potential overturning of the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. This anxiety has been exacerbated by initiatives like Project 2025, a conservative policy blueprint that some fear could roll back LGBTQ rights if implemented.

The possibility of a former President Donald Trump victory in the upcoming election has further intensified these concerns. Many respondents cited Trump’s previous U.S. Supreme Court appointments and his statements on LGBTQ issues as reasons for their apprehension. One participant stated, “The thought of another Trump presidency keeps me up at night. We’ve come so far, but it feels like our rights could be stripped away at any moment.”

The current political climate has 29 percent of respondents considering moving to another state, with 52.9 percent citing socio-political concerns as a primary reason. This reflects a growing sense of insecurity among LGBTQ couples about their rights and freedoms.

Brad Sears, founding executive director of the Williams Institute, noted, “The data clearly show that marriage equality has had a profound positive impact on same-sex couples and their families. However, it also reveals ongoing challenges and serious concerns about the future of these rights in light of current political trends and the upcoming election.”

Christy Mallory, legal director at the Williams Institute and lead author of the study, added, “This research provides crucial insights into the lived experiences of same-sex couples two decades after marriage equality began in the U.S. The high level of concern about potential loss of rights underscores the continued importance of legal protections and public support for LGBTQ+ equality.”

The study found that 30 percent of surveyed couples have children, with 58.1 percent of those parents reporting that marriage provided more stability for their families. However, many of these families now worry about the security of their legal status in the face of potential policy changes and shifting political landscapes.

As the nation reflects on two decades of marriage equality, the study underscores both the transformative power of legal recognition and the ongoing need for vigilance in protecting LGBTQ+ rights. The findings highlight the complex reality faced by same-sex couples in America today: Celebrating hard-won progress while grappling with uncertainty about the future, particularly in light of upcoming political events and potential shifts in leadership.

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State Department

State Department hosts meeting on LGBTQ rights and foreign policy

Event took place before Pride Month reception

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Secretary of State Antony Blinken speaks at the State Department Pride Month event on June 27, 2024. (Screen capture via Forbes Breaking News YouTube)

Secretary of State Antony Blinken on Thursday hosted a group of LGBTQ activists and politicians from around the world at the State Department.

The event ā€” described as a “Convening on U.S. Foreign Policy: National Security, Inclusive Development, and the Human Rights of LGBTQI+ Persons” ā€” took place before the State Department’s annual Pride Month reception. Participants included:

ā€¢ Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights

ā€¢ U.S. Ambassador to the U.N. Linda Thomas-Greenfield

ā€¢ U.S. Trade Representative Katherine Tai

ā€¢ U.S. Ambassador to India Eric Garcetti

ā€¢ Suzanne Goldberg, senior advisor to the Under Secretary of State for Civil Security, Democracy, and Human Rights

ā€¢ Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya

ā€¢ U.S. Agency for International Development Senior LGBTQI+ Coordinator Jay Gilliam

ā€¢ USAID Counselor Clinton D. White

ā€¢ National Security Council Senior Director for Democracy and Human Rights Kelly Razzouk

ā€¢ Assistant U.S. Secretary of Health Adm. Rachel Levine

ā€¢ National Security Council Human Rights Director Jess Huber

ā€¢ U.N. Assistant Secretary General for Human Rights Ilze Brandt Kehris

ā€¢ Icelandic Ambassador to the U.S. BergdĆ­s EllertsdĆ³ttir

ā€¢ Council for Global Equality Co-Executive Director Mark Bromley

ā€¢ Outright International Senior Advisor for Global Intersex Rights Kimberly Zieselman

ā€¢ Essy Adhiambo, executive director of the Institute for Equality and Non Discrimination in Kenya

ā€¢ Pau GonzĆ”lez, co-chair of Hombres Trans PanamĆ” and PFLAG-PanamĆ”

“Forty-five years ago, thousands gathered in D.C. in what became the first national march for LGBTQI+, demanding their voices be heard,” said Thomas-Greenfield in a post to her X account that showed her speaking at the event. “We must continue to carry forward the spirit of these pioneers and fight for equal rights and dignity for all.”

President Joe Biden in 2021 signed a memo that committed the U.S. to promoting LGBTQ and intersex rights abroad as part of his administrationā€™s overall foreign policy.

“LGBTQI+ rights are human rights,” said Blinken. “Our government has a responsibility to defend them, to promote them ā€” here and everywhere.”

Blinken noted consensual same-sex sexual relations remain criminalized in 64 countries, with the death penalty in 11 of them.

He specifically highlighted Uganda’s Anti-Homosexuality Act and Hungarian Prime Minister Viktor OrbĆ”n’s government’s “smearing scapegoating, stigmatizing LGBTQI+ persons ā€” vilifying them with degrading labels, denying them equal rights, normalizing violence against them.” (Gay U.S. Ambassador to Hungary David Pressman this month marched in the annual Budapest Pride parade.)

Blinken noted Iraqi MPs earlier this year “passed legislation that punishes same-sex relations with up to 15 years in prison.” He also pointed out that Indonesian lawmakers approved a new criminal code banning extramarital sex.

“In a nation where same-sex couples cannot marry, these laws effectively make all same-sex conduct illegal and they undermine privacy for all Indonesians,” said Blinken.

“Weā€™re defending and promoting LGBTQI+ rights around the world,” he said.

Blinken noted seven countries ā€” Barbados, St. Kitts and Nevis, Antigua and Barbuda, Dominica, Namibia, Singapore, the Cook Islands ā€” have decriminalized consensual same-sex sexual relations over the last two years. He also highlighted Greece, Liechtenstein, and Thailand this year extended marriage rights to same-sex couples, and other countries are banning so-called “conversion therapy.”

“These achievements are possible because of incredibly courageous human rights defenders and government partners on the ground, but I believe Americaā€™s support is indispensable,” said Blinken. “When we engage ā€” sometimes publicly, sometimes privately, sometimes both ā€” when we share our own knowledge and experience, we can and we do achieve change.”

Blinken also announced the U.S. now considers sexual orientation and gender identity are part of the International Covenant on Civil and Political Rights that took effect in 1976.

“This is one of the key treaties committing nations to upholding universal rights,” he said. 

“In our regular reporting to the council on human rights, we will continue to include incidents of discrimination or abuse committed against LGBTQI+ persons, now with the clear framework of this well-supported interpretation,” added Blinken.Ā “That will further empower our efforts.”

Blinken reiterated this point and the Biden-Harris administration’s commitment to the promotion of LGBTQ and intersex rights abroad when he spoke at the State Department’s Pride Month event.

“Defending, promoting LGBTQI+ rights globally is the right thing to do, but beyond that, itā€™s the smart and necessary thing to do for our country, for our national security, for our well-being,” he said.

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The White House

Jill and Ashley Biden headline White House Pride celebration

First lady celebrated historic pardons of LGBTQ veterans

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First lady Jill Biden speaks at the White House Pride event on June 26. (Washington Blade photo by Michael Key)

First lady Jill Biden and the president and first lady’s daughter, Ashley Biden, headlined the White House Pride celebration on the South Lawn on Wednesday, followed by a performance by singer and actress Deborah Cox.

“My dad has built the most pro-equality administration” in history, Ashley Biden said, crediting the work of LGBTQ people of color like Marsha P. Johnson, a prominent figure in the Stonewall uprising of 1969, as well as “so many of you [who] have continued to lead their fearless fighting against against injustice here and around the world.”

She introduced her mother as “the woman who taught me to be myself up showed me in so many ways how I can make a difference” and who “works every single day, tirelessly, to ensure that all people have the opportunities and freedoms that they deserve.”

“I hope that all of you feel that freedom and love on the South Lawn today,” Jill Biden said.

Her remarks were briefly interrupted by a protestor’s chants of “no Pride in genocide,” which was drowned out by chants of “four more years.”

The first lady noted how many of the attendees came “here from states that are passing laws targeting LGBTQ Americans.”

“There are those who see our communities and our families and wish to tear them down,” she said, “those who can’t see that the world is so much bigger and [more] beautiful than they know ā€” but when our homes are threatened, when they strip away our rights, and deny our basic humanity, we say, ‘not on our watch.'”

“Pride is a celebration, but it is also a declaration,” the first lady said, highlighting the U.S. Supreme Court’s ruling in Obergefell v. Hodges nine years ago, which established marriage equality as the law of the land.

She then credited the accomplishments of the Biden-Harris administration on matters of LGBTQ rights, including the repeal of the previous administration’s ban on military service by transgender servicemembers and the FDA’s loosening of restrictions on blood donation by gay and bisexual men.

The first lady also celebrated the president’s announcement earlier on Wednesday that he will pardon LGBTQ veterans who were discharged and court martialed because of their sexual orientation or gender identity.

“We will never stop fighting for this community,” she said.

First lady Jill Biden and daughter, Ashley Biden, attend the White House Pride celebration on June 26, 2024. (Washington Blade photo by Michael Key)
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