West Virginia High Court Rules Gay Bashing Is Not Hate

Well, the West Virginia State Supreme Court has just made it easier to beat up gay people ...

Last week, in a 3-2 opinion, the West Virginia Supreme’s upheld a lower court decision that dismissed the Hate Crime charges against former Marshall University football player Steward Butler.

If you recall, in April 2015, in Huntington, West Virginia, gay couple Zackary Johnson and Casey Williams, were walking down a street when Casey pulled Zackary in for a quick kiss.

At that moment, Butler happened to be riding by in a car with friends and became so enraged at the sight of two men kissing that he leapt from the automobile and began shouting anti-gay slurs at Johnson and Williams before punching both men in the head.

Butler, left, claimed the confrontation was in self-defense, though it’s unclear how he was defending himself against two men kissing … unless he wanted to kiss one of them?

Perhaps he’s one of those self-loathing closeted homosexuals and when he saw two men, in love, kissing on the street, he couldn’t stand to see them doing what he could not, so he jumped from a moving car to tell them how much he hated them for kissing … with his fists.

And in West Virginia, that is not Hate.

Butler was charged with battery and later for violating their civil rights; current West Virginia law prohibits civil rights violations based on race, color, religion, ancestry, national origin, political affiliation or sex.

In arguments before the Court last month, Assistant Prosecutor Lauren Plymale said Cabell County Circuit Judge Paul Farrell was wrong when he dismissed the charges against Butler saying state law does not include sexual orientation as a protective class under the hate crimes statute; she argued the word sex meant sexual orientation.

But in the Supreme’s decision, authored authored by Chief Justice Allen Loughry, the Court said the word “sex” is undefined in the code and must be considered under its common and ordinary meaning.

Oh, there we go again with “common and ordinary” meaning; just another way to dismiss gay folks as less than.

In addition to the word play, the Court’s opinion said it also “cannot be ignored” that, since the Hate Crimes statute was passed in West Virginia back 1987, House and Senate members have refused to include “sexual orientation” as a protective class on at least 26 occasions.

You know, because, again, we are less than. And as such if we stop to kiss our boyfriend, girlfriend, or spouse, on any street in West Virginia and some homophobic asshat decides that the sight of such a thing turns his stomach, he can leap from a moving car and use his fists to express himself.

So, let me see if I can boil this all down to “common and ordinary” meaning for the West Virginia State Supreme Court: if Steward Butler had jumped from a car to beat up a straight couple on a street corner for no reason other than a public display of affection [PDA], that could be considered a hateful thing to do, but if Butler jumps from a car to bash two gay men for the same PDA that’s hate.

Common, ordinary hate; and you’ve just given it a pass.

Metro News

Gay Couple Attacked? In West Virginia, It's Not Hate

In the wake of the mass shooting at Pulse nightclub in Orlando last week, this story has me quite riled up … here’s the gist of what happened — from my original blog post HERE:

In April 2015, in Huntington, West Virginia, Zackary Johnson and Casey Williams, after visiting friends, were walking back to their hotel when Casey pulled Zackary in for a quick kiss on the street.

At that moment, Marshall University football running back Steward Butler happened to be riding by in a car with friends and became so enraged at the sight of two men kissing that he leapt from the automobile and being shouting anti-gay slurs at the couple before punching both men in the head.

After his arrest, Butler claimed the confrontation was in self-defense, though it’s unclear how he was defending himself against two men kissing … unless he wanted to kiss one of them? Perhaps he’s one of those self-loathing closeted homosexuals and when he saw two men, in love, kissing on the street, he decided he couldn’t stand to see them doing that when he couldn’t, so he jumped from a moving car to tell them how much he hated them for kissing … with his fists.

Whatever his reasons … Butler was charged with two counts of misdemeanor battery, and was dismissed from the Marshall University football team. Good, right? Not so fast …

Butler, left, no longer faces any charges because West Virginia, like 19 other states, does not have a hate crime law that protects people targeted specifically because of their sexual orientation; and while the US Department of Justice is weighing its options in the case, some observers say it may not fit the federal definition of a hate crime.

In his decision in the case, Cabell County Circuit Court Judge Paul Farrell said West Virginia civil rights law protects people based on sex, not sexual orientation, and said he would drop the hate crime charges against Butler in 60 days, giving prosecutors time to appeal.

Farrell’s ruling leaves two options for prosecutors: hope for a favorable appeal with the state Supreme Court, or — if they lose — lobby for changes to state law with a Legislature that typically hasn’t added LGBT protections.

Now, I get it that Steward Butler physically assaulted two men because they were gay — which, let’s be queer, is a Hate Crime — and I get that West Virginia is one of those backwoods states that doesn’t believe gay Americans can be the victims of hate just for being gay but … isn’t this exactly why we need a federal law, superseding, overriding, and nullifying, every single state law about what constitutes a Hate Crime because, and I will say this again …

If I am walking down the street with Carlos and you come up and rob me and beat me and steal my wallet, that’s hateful, but …

If I am walking down the street with Carlos and you come up and rob me and beat me because I’m gay, that’s hate.

Spot the difference.

Hopefully, in light of what happened in Orlando, the prosecutors will be able to win on appeal and charge Butler with a Hate Crime, but if not, if that animal gets no jail, and no punishment for physically assaulting two men, let’s hope this case, and Orlando, are enough to move West Virginia lawmakers to add sexual orientation to their Hate Crimes statutes.

Hate is hate, no matter who the target.

Salon

Random Musings

First up ... congrats to Violet Chachki for winning RuPaul's Drag Race this season.

I was late to Team Violet, but after her lipsync, and strip show, on the finale, all I could say was ...

YASSSSSSSSSSSSSSSSSSSSSSSSSSS.

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Here’s a little update on Steward Butler, the former running back for the Marshall University football team, who was arrested last month and charged with battery after beating a gay couple because they were :::gasp::: kissing in public—see my post HERE.

He was just indicted on felony state charges of violating the civil rights of the two victims … say it with me, Hate Crime. 

Right after his arrest Butler was dismissed from Marshall's football team, and now he faces jail time.

Let me make this queer: people kiss on the street, even gay people.

GET OVER IT!

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Speaking of men kissing … last week a video appeared of Justin Bieber riding his little skateboard aboard his private jet, and stopping for a moment to give a peck on the cheek to Mikey Arana, his male bodyguard. And, of course, people freaked: Is Justin gay?

Well, to his credit — and Hell must be getting a few degrees cooler if I’m complimenting The Biebs — Justin said:

“I’m not gay, but even if I was that’s not an insult.”

Oh, and the kiss? It was like a little boy kissing his father Good Night.

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Rick Perry is throwing his hat into the GOP Clown Car this week, and Bobby Jindal and Jeb Bush will be trying to climb in later this month; they ought to think about getting a GOP Clown Bus.

But, speaking of Perry,  under indictment as we speak, wouldn’t it be something if he won the GOP nomination the very same day he was found guilty of abuse of official capacity, a first-degree felony, for threatening to veto $7.5 million in funding for the Public Integrity Unit, a state public corruption prosecutors department, and found guilty of coercion of a public servant, a third-degree felony, for seeking the resignation of Travis County District Attorney Rosemary Lehmberg, after she was convicted of drunk driving, and incarcerated.

He could be the nominee and be sentenced to jail on the same day.

Now that’d be fun!

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Apparently Adam Levine bared his ass in a new video because the music isn’t good enough to stand on its own and he's extra thirsty.

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Pride month, or months, is here, and all kinds of folks are celebrating with us … like Maytag and Adidas and Converse.

Could you have imagined this even five years ago?

[Maytag, Adidas, Converse] 

So, we began watching Aquarius last week — though the reviews were unkind — and we found it kinda slow, but kinda interesting.

Of course, it doesn’t hurt that it stars a couple of hot guys — not Duchovny who could use a sit-up or 1,000 — but Grey Damon and Gethin Anthony. Man, even their names are hot … but I digress. 

Damon plays the new breed of cop, kinda Serpico-esque for my older readers, while Anthony plays Charles Manson. Hot hot hot.

I do have an issue with Anthony’s Manson because he’s more hot that psychopath, and they are playing up the gossip that Charlie Manson loved the dudes as much as he loved the ladies, and apparently liked having sex with a girl and her daddy … though not at the same time.

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Meanwhile, back at Pride … Indiana Governor Asshat, er, Mike Pence has issued his first ever LGBT Pride proclamation welcoming residents and visitors to Indianapolis' Pride Celebrations.

Strangely enough, though, Pence makes absolutely no mention of LGBT people, sexuality or gender identity in his letter; in fact, the words 'gay,' 'lesbian,' 'bisexual,' or 'transgender' aren't included anywhere.

Mike needs to rethink Pride. And then sit down and be quiet until his term in office in up.

Then go away.

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Hannibal returns tonight on NBC, and I am so ready. I love the operatic gruesomeness of the show, and the creepy, almost too-icky-for-TV quality. It really is like nothing that network TV has shown before.

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Diana Ross is on Twitter y’all. Diva. Icon. And, from my own personal experience, a lovely dance partner. Diana.Ross.Is.On.Twitter! That is all.

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