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NJ Senate Panel Rejects Christie's Black, Gay GOP Sup Ct Nominee

PHOTO: AP

Can't say this was unexpected. The New Jersey Senate Judiciary Committee has rejected Gov. Chris Christie’s nomination of the nation's only Black gay Republican mayor to the state Supreme Court. Chatham Borough Mayor Bruce Harris would have become the state's first openly gay Supreme Court justice and the nation's only Black openly gay supreme court justice.

Harris was turned down on a 7 to 6 vote. Only one Democrat supported his confirmation. The panel reiterated  concerns about Harris' lack of litigation experience and over-willingness to recuse himself from cases involving gay rights. The defeat is "another blow to the governor’s attempt to reshape what he has criticized as an overly liberal and activist institution," reports The New York Times.

His nomination in January was well-received by gay rights groups and by Democrats as a welcome move for diversity on the court, particularly as Mr. Christie, a Republican, was resisting the Legislature’s effort to legalize same-sex marriage.

But at a Judiciary Committee hearing on the nomination on Thursday, Democrats, who hold the majority on the panel, argued that Mr. Harris lacked the appropriate legal experience. A lawyer working primarily on lending and public finance transactions at Greenberg Traurig, a large national firm, he failed to make partner, and by his own admission on Thursday he has almost no courtroom experience. [...]

Under questioning, he acknowledged that there was little in the way of writing that they could examine to evaluate the caliber of his legal thinking. He had rarely even appeared in court, except, he said, to do some pro bono work on drunken-driving cases

More on Harris' troubling pre-emptive recusal from the Star-Ledger.

On the recusal issue, Sen. Christopher Bateman (R-Somerset) came to Harris’ defense, saying a court ruling requires judges to recuse themselves on some matters. But when Harris said he wasn’t aware of the ruling, Sen. Nia Gill (D-Essex) said she was even more troubled. "That’s why your recusal is more disturbing — because you’re not a judge and you have already actively taken yourself out of the process," Gill said. "Is your recusal political?"

Harris calmly replied, "My decision to recuse myself on same-sex marriage is no political calculus." He said that although he could be impartial in deciding such cases, he didn’t want to give the public the opportunity to question that impartiality because he had advocated for same-sex marriage in 2009.

Harris’ defeat is the second setback for Christie in the past two months. First Assistant Attorney General Phillip Kwon was also rejected two months ago on a 7-6 vote .

Last week the entire New Jersey Black Legislative Caucus went on the record to oppose Harris' nomination. The group of 17 Black lawmakers includes New Jersey Assembly Speaker Sheila Oliver and Sen. Nia Gill, longtime gay allies and leaders in the Garden State's push for equal marriage. Christie vetoed New Jersey's marriage equality legislation on February 17. Democratic legislative leaders have vowed to override the veto by January 2014.

Today''s vote comes almost two years after the Republican governor infuriated Democrats and minorities by replacing the court's only Black justice with a white Republican. Justice John Wallace, who was a Democrat,  supported LGBT rights and marriage equality. Wallace had two years to go before reaching the mandatory retirement age of 70.

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Gay NJ Supreme Court Nominee to Recuse Himself on Marriage
Christie Nominates Black Gay GOP Mayor to NJ Supreme
NJ Gov Christie Ousts State's Only Black Supreme Court Justice

EBONY: Birther of a Nation

PHOTO: Getty

Our latest for EBONY: "​Birther of a Nation: Will Romney Ever Address Trump's Race-Baiting?"

Mitt “Multiple Choice” Romney’s failure to lead on this issue is yet another data point in a biography that is over-populated with opportunism and cowardice. The man who wants to become our commander-in-chief is afraid to confront the noisy, far-right fringe of his party. Romney appointed an openly gay foreign policy spokesperson last month. The religious right vocally opposed the appointment and a few weeks later the “spokesperson”—that was never allowed to speak to media—resigned.  Remember when Romney shifted his positions on climate change twice in the same week? He’s flipped on gay rights, a woman’s right to choose—sadly the list goes on and on.

So many missed opportunities, which are possibly why Mitt’s negatives are so high, even within his own party. The Republican base knows that Romney is an opportunist—that’s why he’s “winning” the Republican nomination only because a field of even more mediocre candidates self-destructed. Romney won’t denounce Trump’s race-baiting because he doesn’t want to seem like he’s being “punk’d.”  But he’s going to have to address it sooner or later—before Trump’s fringe “birther” narrative becomes the defining message of his campaign.

Read the article HERE.

On Deadline

On two production deadlines. No posting until tonight.

Guilty Pleas in Videotaped Assault, Fed Hate Crimes Charges Pending

There are new developments in the prosecution of the four men accused of attacking  Brandon White, the young gay Atlanta man whose vicious assault was videotaped and went viral across the internet. Two defendants pleaded guilty today and face up to 75 years in prison and federal hate crime charges, reports the Atlanta Journal-Constitution.

Nineteen-year-old Dorian Moragne and 18-year-old Dareal Williams accepted non-negotiated pleas to charges of aggravated assault, street gang activity and robbery by force. Prosecutors say the brutal assault started after one defendant claimed that White made a sexual advance, reports The GA Voice.

"The victim was walking to 'The Pink Store' with a friend to get something to eat. They passed these defendants [Moragne and Williams] and the co-defendants. At some point … [Christopher Cain] believed Mr. White made a sexual advance against him. Mr. white has firmly said no he did not,” [Prosecutor J. Gabriel Banks] said. "Cain got upset as Mr. White exited the store and struck him from behind. These two defendants [Moragne and Williams] began to hit stomp and kick Mr. White," Banks added. Moragne was also identified as the person who threw a tire on White as he was on the ground trying to shield himself from the constant blows.

"It is important to note that was all being videotaped as they all said, 'No faggots in Jack City," Banks said. "Clearly in the state's view this is a hate crime."

Moragne's defense attorney had previously admitted that his client was "only" recording the assault—but claimed that he was "not" one of the assailants. Moragne and Williams face more than 75 years in prison. Two other suspects—Christopher Cain and Javaris Bradford—did not entered plea agreements today. Cain's attorney could not attend the hearing. Williams remains at large.

Georgia is one of only five states without a hate crimes law. The Justice Department has already announced they will file federal charges, reports the AJC.

Moragne's attorney, Jay Abt, said federal authorities "flew a lawyer down here personally to inform us." A spokesman for the U.S. Attorney's Office did not respond to a request for comment on the federal charges. Abt said he assumes Moragne's co-defendants will also be charged by the U.S. Attorney, who has been investigating the case since February.

Cain has been described as one of the "main aggressors" of the 4 February attack who "stomped White after he was punched and kicked". Cain was captured on 11 February and was the first suspect collared. Moragne surrendered on February 17. Williams fled Georgia and surrendered to Pennsylvania authorities on February 23. Bradford was indicted by a grand jury in late March.

The victim Brandon White says that he "feels good" about the the guilty pleas. "Justice will be served," said the 20-year-old man. "It's been a journey. I've been down. Boy, have I been down."

Moragne and Williams will be sentenced in July. The federal prosecution and/or sentencing begins after the state has concluded its case.

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MALAWI: Moratorium on Anti-Gay Arrests, No Repeal Scheduled Yet

PHOTO: Getty

An update from Malawi, whose brand new President Joyce Banda made international news this month when she promised to repeal the southern African nation's anti-gay laws. Malawi would become the first African nation to do so since South Africa in 1994.

Parliamentary leaders of Banda's ruling Democratic Progressive Party have announced a "moratorium" on arrests and prosecutions of suspected gays and lesbians. Repeal is not expected immediately, reports Malawi Today.

Leader of government in Malawi parliament Henry Phoya said Tuesday that the controversial law that restricts homosexuality is not part of business in the current sitting. The statement sharply contradicts President Joyce Banda’s statement that the law will be repealed as a matter of urgency.

"We don’t have any business on same sex marriages and you can cross check with our time table. If you ask me about what the president said, then the message was that she would like to see these laws reviewed some time in future,” Phoya said. [...]

"There’s currently a moratorium on the law, so there will be no arrests or prosecutions based on the law,” [Justice Minister] Ralph Kasambara, the justice minister, told Zodiak Radio.

Zodiak Radio broadcast an unconfirmed report that "two lesbians reportedly got engaged" in Blantyre, the nation's second largest city and its commercial capital. It's worth noting that the radio station is controlled by the opposition party.

Malawi faced international condemnation for the May 2010 conviction and 14-year prison sentences given to Steven Monjeza and Tiwonge Chimbalanga. The couple was convicted of "unnatural acts" and gross indecency" after holding an engagement ceremony. The late President Mutharika pardoned the couple on "humanitarian grounds."

Same-sex acts are currently illegal in Malawi, as they are in at least 38 of 54 African countries. The maximum punishment is 14 years behind bars and hard labor. In September 2009, a senior official first suggested that the conservative African nation "must recognize" gay rights if it hopes to properly address HIV/AIDS.

Four nations—Mauritania, Nigeria, Somalia and Sudan—boast the death penalty for gays or same-sex activity. South Africa and Seychelles are the only African nations that protect LGBT rights. South Africa is also the only African nation to guarantee marriage equality. Kenya's parliament and supreme court are considering decriminalizing its sodomy statute.

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State Dept. Condemns Malawi Conviction
Gay Malawi Couple Convicted of "Unnatural Act"
Malawi Official Calls for Gay Rights to Fight HIV/AIDS

East Africa's Largest Media Groups Bans Anti-Gay Political Adverts

This is major. East and Central Africa’s largest media conglomerate has banned all political advertising that includes any "hate speech" or "contempt" toward "sexual orientation." The new guidance by the Nation Media Group will affect advertising in Kenya's and Tanzania's largest newspapers, Uganda's largest independent newspaper and broadcast outlets in all three nations.

The guidelines were released in advance of Kenya's upcoming elections, reports Behind The Mask.

The move by the NMG to publish guidelines for political advertising comes as a pleasant surprise. The group released a statement in its flagship Daily Nation newspaper on May 26 outlining rules to be observed prior to running political advertisements in any of the NMG publications or broadcast media.

Perhaps the most significant new NMG rule for human rights defenders is Rule 5 which states: "Advertisements shall be rejected outright if they contain the following: ...

a) Obscene or profane language or pictorial representation that, when taken in context, tends to or is likely to expose an individual or a group or class of individuals to hatred or contempt on the basis of race, national or ethnic origin, colour, religion, sex, sexual orientation, age or mental or physical disability."

NMG includes The Daily Nation—Kenya's largest newspaper—and Uganda's Daily Monitor. The group also includes NTV, which broadcasts in Kenya, Uganda and Tanzania. The Nation has published a number of pro-LGBT pieces reports in recent months, such as this op-ed attacking anti-gay bias.

The ban on anti-gay political advertising comes only three weeks after the Kenya National Human Rights Commission called for the decriminalization of same-sex relations. The Daily Nation's editorial page supported the move.

Kenya's government is considered progressive on gay rights. Same-sex relations are illegal—penalties are between five and 14 years’ imprisonment—but arrests and prosecutions are rare. Kenya was the first African nation to include men who have sex with men in their national HIV strategy.  Two pro-LGBT justices were confirmed to the Supreme Court in June 2011. The recently-appointed Chief Justice Dr. Willy Munyoki Mutunga has said that "gay rights are human rights" and expressed a desire to overturn anti-gay legislation. As a result, Kenya has rapidly become a refuge for many LGBTs who have been persecuted in East African nations.

But there has been a backlash against previous calls to decriminalize homosexuality in the East African nation. In November 2010,  Prime Minister Raila Odinga called for the mass arrests of gays at a political rally but later retracted his statements.

Same-sex acts are currently illegal in at least 38 of 54 African countries. Four nations—Mauritania, Nigeria, Somalia and Sudan—boast the death penalty for gays or same-sex activity. South Africa and Seychelles are the only African nations that protect LGBT rights. South Africa is also the only African nation to guarantee marriage equality.

Some Background ...
Kenya HRC Calls for Repealing Anti-Gay Laws
Kenyan Men Forced into Gulf Sex Trafficking?
UN Chief Urges African Leaders to Respect Gays
KENYA: Pro-LGBT Justices Confirmed
Controversy in Kenya After Pro LGBT Nominees
Kenyan Prime Minister: "All Gays Should Be Arrested"
KENYA: Questions Surround Mandatory HIV Testing
AIDS 2010: Joel Nana on African Gay/Bi Men, HIV
WATCH: CNN Surveys Gay Rights in SA, Kenya, Cuba
Kenyan Gays Demand Protection After Brutal Assault
Kenya: "Things are Changing in Favor of Gays"

FAMU Band Members Claim Robert Champion Agreed to Brutal Hazing

Blaming the victim much? Band members at Florida A&M University say openly gay drum major Robert Champion agreed to undergo the brutal hazing ritual that lead to his death.

Champion allegedly volunteered for the initiation because he was "seeking the top position in the famed marching band, leading dozens who had already endured the hazing," reports the Associated Press. "'It's a respect thing, you know,' defendant Jonathan Boyce told detectives. 'Well, he was wanting to do it all ... all season.'"

Champion was brutally kicked,  slammed with a "big orange traffic cone" and beaten with drum sticks, according to "hundreds of pages" of evidence released by prosecutors. The 26-year-old drum major suffered blunt trauma blows and died from shock caused by severe bleeding, according to the autopsy.

Champion's parents said their son was a vocal opponent of hazing and do not believe that he volunteered to be hazed. "He was murdered on that bus, and no one signs up for that," Pam Champion told the AP.

Thirteen defendants were charged with felony hazing on May 2. Two defendants face misdemeanor counts. The felony hazing charge carries a maximum penalty of almost six years. The band has been suspended until next year. FAMU is Florida's only historically black public university.

Champion's parents publicly revealed in January that their son was gay. In addition to being vocally opposed to hazing, Champion's sexuality could have been among the reasons why he was viciously beaten during the attack, according to the family's attorney. Read more at  my article for EBONY: "Don’t Ask, Don’t Tell": Why Has Black Media Ignored the Sexuality of FAMU Hazing Victim Robert Champion?"

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Pre-Trial Hearing for 4 Suspects in Videotaped Atlanta Gay Bashing

The prosecution moves forward against the four men accused of attacking Brandon White, the young gay Atlanta man whose vicious assault was videotaped and went viral across the internet. A pre-trial hearing is scheduled today, reports The GA Voice.

Yvette Jones, spokesperson for the Fulton DA's office stated the men are on the trial calendar and clarified what will happen. "The case is being called out alongside several others. The Judge will make a determination which case will move forward and begin the process of jury selection."

Four men [are] charged in the brutal attack ... each charged with two counts of participation in criminal street gang activity, robbery by force and aggravated assault. The men charged in the anti-gay beating of Brandon White are Javaris Bradford, 24; Christopher Cain, 19; Dorian Moragne, 19; and Darael Demare Williams, a minor. ... The four suspects will appear before Fulton County Superior Court Judge Jackson Bedford.

The 20-year-old White  could be seen ambushed by three young men, kicked, punched and hit with a tire while another man laughed repeatedly and called him a "faggot." The violent video of the February 4 attack quickly went viral across the internet.

The U.S. Attorney's Office in Atlanta and Federal Bureau of Investigation have joined the case. The suspects may face federal hate crimes charges because Georgia is one of only five states without a hate crimes law.

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Third ATL Gay Bashing Suspect Awaits Extradition
Third Suspect Arrested in Brutal Atlanta Gay Bashing
Second Suspect Surrenders in Atlanta Gay Bashing
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New Anthology "For Colored Boys" Debuts Website, Publication Details

The wait is over.  An exciting new multimedia website has been launched to support For Colored Boys Who Have Considered Suicide When The Rainbow Is Still Not Enough, the much-anticipated new anthology edited by New York Times bestselling author and television commentator Keith Boykin. The new website includes a soundtrack  and additional editorial content. The book is scheduled for a July release.

For Colored Boys collects writings of more than three dozen Black LGBT writers—read the full list and bios—media personalities, activists, scholars and other thought leaders. The book was launched in the wake of numerous "young Black men literally committing suicide in the silence of their own communities" such as  Carl Joseph Walker-Hoover, Jaheem Herrera, Raymond Chase, Joseph Jefferson and others reported  on Rod 2.0, says Boykin.

The publication of the book is timely.  A new survey was released this week that found a shocking 43 percent of Black gay youth have considered or attempted suicide as a result of issues related to their sexual orientation. More than a quarter of Black gay youth say they have experienced anti-gay bullying. Almost one in ten have been  sexually or physically abused.

"There are 44 pieces from 42 authors, including 37 African-Americans, 3 Latinos, 1 Asian-American, 1 Canadian and 1 British writer," Keith Boykin told R20. "The contributors' ages range from 23 to 63. We have at least 5 writers in their 20s."

Many of the names should be familiar to R20 readers. For Colored Boys includes contributions from myself, Darian Aaron, Jamal Brown, Topher Campbell, Wade Davis, Kenyon Farrow, L. Michael Gipson, James Earl Hardy, DeMarco Majors, David Malebranche, B. Scott, Rob Smith, Kevin E. Tayor, Craig Washington, Tim'm West, Nathan H. Williams and Emanuel Xavier. The anthology will include nine poems. In addition to Keith Boykin, the editors include young filmmaker Mark Corece and author/scholar Frank Leon Roberts.

"I'm really happy with the finished product," Boykin told R20. "It represents the hard work and dedication of a lot of people."

Stay tuned for more details on publication, the book tour and more. The Twitter hahtags are #ForColoredBoys and #ColoredBoys.

SPORNO: Canada's Damian Warner at Hypo 2012 in Austria

PHOTOS: AP, GETTY

"I'll never stop looking flawless!" vows Canada's Damian Warner after winning the 100 meter race of the decathlon at the Hypo 2012 in Goetzis, Austria on Saturday. The London-born Warner won the 100m and 110m hurdles with times of 10.59s and 13.78s.

Canada's leading decathlete started very strong but came up short of automatically qualifying for the London 2012 Olympics, reports the London Free Press. "Warner finished with 7,961 points. The Canadian Olympic A standard is 8,200 points. Warner’s total surpassed the B standard of 7,950 and it might still get him to England if no other Canadian makes the A standard before the Games start July 27.

Warner's next chance at qualifying for London 2012 will be June 27-30 in Calgary. Two more photos AFTER THE JUMP ...

WATCH: Black Ukrainian Singer Gaitana Performs at Eurovision

PHOTO: Reuters, Getty

One of the more interesting stories at this weekend's Eurovision Song Contest in Baku, Azerbaijan was that of Ukraine's Gaitana. The Ukrainian-Congolese pop star made it to Sunday's finals—which Ukraine won in 2004. Her song "Be My Guest" topped the charts in Ukraine and Russia. It's destined to become a club anthem for the gays in Ibiza and South Beach.

Watch it AFTER THE JUMP ...

Gaitana was born in Kiev to a Congolese father and a Ukrainian mother. She lived in the Republic of Congo as a young child before returning to the Ukraine, where she is quite popular and sings in Ukrainian, Russian and English. A far-right politician created a huge controversy with racist remarks last February about the singer, reported the Kiev Times and AFP.

"[Eurovision's] millions of viewers will see Ukraine represented by someone who does not belong to our race, and they will think Ukraine is located somewhere in Africa," said Yury Sirotnyuk of the Svoboda Party. The comments created a "huge outcry from artists and musicians." Ukraine's ruling party and state television later demanded an apology.

Gaitana was the only Black contestant at this year's ESC. There were several Black contestants at Eurovision 2011 in Dusseldorf, including Norwegian-Kenyan singer Stella Mwangi, Italy's Senit who repped San Marino and the abtastic gay fave Simon Webbe of Blue who represented the UK. For a history of Black singers at Eurovision see HERE.

Gaitana placed 15th out of 42. Watch AFTER THE JUMP ...

"Not Guilty" Verdict in Murder of NJ Trans Woman Victoria White

There is a disappointing update to the tragic case of Victoria Carmen White, the model and transgender woman brutally murdered in September 2010. A Newark jury voted to acquit one of the men implicated in her murder on Friday, reports the Star-Ledger.

Authorities say 26-year-old Alrashim Chambers and 27-year-old Marquise Foster met White at a nightclub on 12 September 2010. Only hours later, White was shot three times at point black range inside her cousin's apartment. Twenty-eight-year-old White legally changed her name after undergoing sex reassignment surgery ten years ago. Authorities suspect her killer(s) may have discovered this and killed her in anger.

Both men were initially charged with murder but Foster took a plea deal before the trial began earlier this month. Foster pleaded guilty to hindering apprehension in exchange for his testimony. Chambers faced a murder charge. The jury acquitted Chambers after he and Foster pointed the finger at each other.

The jury found Chambers, of Newark, not guilty of murder, bias intimidation and two weapons offenses. Chambers, 25, who maintained his innocence from the beginning and took the stand in his own defense, had faced up to life in prison if convicted of murder.

The case was a difficult one for the Essex County Prosecutor’s Office, because the only witness was Chambers’ co-defendant, Marquise Foster, who testified at trial. Foster, who was also charged with murder, pleaded guilty to a reduced charge in exchange for his testimony against Chambers.

Foster, 26, said Chambers had been hugging and kissing White that evening, but became enraged when he suspected she was a man. "You a dude?" Foster claimed Chambers shouted at White. Three gunshots followed seconds later, he said. The .22-caliber handgun allegedly used in the killing was never recovered.

Alrashim Chambers claimed that he had no idea that White was transgender female and had no reason to hurt her. Chambers testified that he left the apartment and Foster was the killer, the Star-Ledger reported earlier last week.

In a calm and clear voice, Chambers denied the allegation, claiming he was in the vestibule of the Maplewood apartment building when he heard three gunshots. He said he had left the apartment and gone to his vehicle to retrieve marijuana. ... Chambers said he soon left the studio apartment when he noticed Foster and White were "in motion" to have a sexual encounter and didn’t want to watch. After the shooting, Foster emerged from the building, Chambers said, and refused to tell him what had happened. The two then drove off.

Chambers and Foster surrendered several weeks later after authorities had secured arrest warrants. Foster, who was also charged with murder, has since pleaded guilty to hindering apprehension in exchange for his testimony.

There were no other witnesses to the killing, though White’s female cousin and another woman were in the bathroom at time with the door closed. Both women testified that only Chambers and White were the ones getting close. From behind the closed door, the women said they heard someone say, "You a dude?" followed by the sound of gunshots.

Foster and Chambers surrendered only days after authorities captured another man in an unrelated homicide that happened in the same town of Maplewood. On Oct. 19 2010, 30-year-old John Staten was arrested and charged with murder in the beating death of Arthur Downey, a 27-year-old Black gay man killed on March 15 2010. Downey met his would-be-killer on a telephone chat line.

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