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NEWS
Blue Mountain Eagle
Legislation bars ‘gay panic’
as a defense in murder cases
By Peter Wong
Oregon Capital Bureau
A suspect could not assert
so-called “gay panic” as a legal
defense against second-de-
gree murder in Oregon under a
bill that is headed to Gov. Kate
Brown.
The Oregon House passed
Senate Bill 704 without amend-
ment on a 54-0 vote Thursday.
The bill would bar the dis-
covery of a victim’s sexual
orientation or gender iden-
tity as a reasonable explana-
tion for someone undergoing an
extreme emotional disturbance
as an affirmative defense to sec-
ond-degree murder. A person
would not be justified in using
physical force against another
person upon discovery of the
victim’s sexual orientation or
gender identity.
Oregon would join 13 other
states, plus Washington, D.C.,
with similar laws. The Sen-
ate passed it, 29-1, on April
14; Republican Dallas Heard
of Roseburg was the lone
opponent.
Though Senate Bill 704 does
not bear anyone’s name unlike
bills in other states, its passage
comes less than a year after the
stabbing death of Aja Raquell
Rhone-Stevens, a 32-year-old
transgender woman, in July
2020 in Northeast Portland. She
was attending a vigil for another
homicide victim. No one has
been arrested in connection
with the case.
She was one of a record 44
deaths tallied in 2020 by the
Human Rights Campaign, a
national advocacy group for
lesbian, gay, bisexual, transgen-
der and questioning (LGBTQ)
people. Many of the victims
are transgender people of color.
The organization has tallied 23
deaths so far this year.
“When we finally see justice
for Aja’s murder, we can ensure
that, when we show up to the
courtroom, her memory won’t
be insulted by someone trying
to use the panic defense to jus-
tify her death,” Dana Spears, her
sister, said in a statement after
the House vote. “I’m thankful
to everyone in the community
who used their voice for Aja,
and saw this bill passed.”
It was one of the priorities
of Basic Rights Oregon, the
state’s leading LGBTQ advo-
cacy group.
“This legislation states,
unequivocally, in Oregon, there
is never an excuse for violence
against transgender people,”
Mikki Gillette said on behalf of
the group.
Under current state law, a
suspect can assert an affirma-
tive defense to second-degree
murder if the extreme emo-
tional disturbance is not the
result of the person’s own inten-
tional, knowing, reckless or
criminally negligent act and if
there is a reasonable explana-
tion for the disturbance.
“These cases often involve
incredible and brutal acts of
violence,” Rep. Karin Power,
D-Milwaukie, the bill’s floor
manager, said during House
debate. “Defendants use these
defenses to avoid full account-
ability on the grounds that actual
or perceived sexual orientation
or gender identity is reasonable
in and of itself to be considered
adequate provocation.
“Passage of this bill would
send a strong and proactive
message that the perpetrator of
a second-degree murder will
not be able to excuse the crime
simply based on who the vic-
tim is.”
Power, a lesbian, is one of
four House chief sponsors of
the bill.
So is Rep. Rob Nosse,
D-Portland, who has identi-
fied himself as gay for 30 years.
He said he considered him-
self lucky that he was unable
to think of a negative long-term
consequence to himself or his
husband for being gay.
“But I know that is not true
for every LGBT person in our
state and country,” he said.
Nosse described the 2020
death of Rhone-Stevens.
“When we finally see jus-
tice for her murder, we want to
ensure that we can show up to
the courtroom and her memory
is not insulted by someone try-
ing to use the panic defense for
her death,” he said.
Also a chief sponsor is Rep.
Janeen Sollman, D-Hillsboro,
who said transgender women of
color are more likely to be the
targets of violence.
“Many of these attacks are
motivated by nothing other than
the victim’s gender or orienta-
tion,” she said. “I have heard
from constituents, friends and
family on how important the
passage of this bill is to them,”
including a nephew who sent
her a text message.
“I was proud to say to him
that I do know,” she said.
Rep. Anna Williams is a
Democrat from Hood River
whose district includes Sandy,
where a gay pride rally drew
a counterprotest barely two
months ago.
“A law that excuses crim-
inal behavior against certain
groups of people is essentially a
law that diminishes the human-
ity of that group,” Williams
said. “The existence of the
LGBTQ panic defense means
that as a state, we sanction vio-
lence against members of this
community.”
Wednesday, May 19, 2021
Bentz backs ouster of Cheney from GOP leadership
By Gary A. Warner
Oregon Capital Bureau
“IF WE ARE TO WIN BACK THE HOUSE
IN 2022, THE REPUBLICAN CAUCUS
MUST BE UNIFIED, AND WE MUST
FOCUS ON THE REAL PROBLEMS THE
COUNTRY IS FACING.”
Oregon’s lone Republi-
can in Congress said his par-
ty’s House caucus will be
better focused now that it has
removed an outspoken critic
—Rep. Cliff Bentz, R-Oregon
of former President Donald
Trump from its leadership.
the chambers and fought with ty’s most conservative House
U.S. Rep. Cliff Bentz,
members, to remove Cheney
R-Ontario, declined to respond police.
Several hundred rioters are for her impeachment vote.
to a direct question of whether
In a closed-door meeting,
he voted May 12 to remove being prosecuted for a wide
U.S. Rep. Liz Cheney, R-Wyo- range of assault and other Cheney told colleagues, “I
ming, as the GOP House Con- charges stemming from the won’t apologize for the vote,”
ference Chair.
according to the Associated
attack.
But in a state-
After
National Press.
ment after the cau-
McCarthy, who himself had
Guard troops and
cus meeting where a
police removed the said Trump bore responsibility
voice vote removed
last rioters several for some of the turmoil on Jan.
Cheney, Bentz praised
hours later, Bentz 6, said he accepted Cheney’s
the result as positive
joined other Repub- explanation.
licans in challenging
for Republicans in
“Liz has the right to vote
Pennsylvania’s vote.
the narrow 222-212
her conscience,” McCarthy
Rep. Conor Lamb, said. “At the end of the day,
minority in the House. Rep. Cliff Bentz
D-Pennsylvania, dis- we’ll get united.”
“If we are to win
back the House in 2022, the missed the objections by Bentz
Bentz said he was con-
Republican Caucus must be and other Republicans as “lies” vinced by Cheney’s argument
that she had voted as an indi-
unified, and we must focus on that killed people that day.
“These objections don’t vidual House member, not in
the real problems the coun-
try is facing,” Bentz said in a deserve an ounce of respect, her role as conference chair.
statement.
Immediately after the
not an ounce,” Lamb said.
It was a reversal of Bentz’s “Let’s be clear about what hap- attack, criticism of Trump was
earlier stance backing Cheney pened in this chamber today — not rare.
Sen. Mitch McConnell,
following her vote to impeach invaders came in for the first
Trump for “incitement to time since the War of 1812. R-Kentucky, took to the Sen-
insurrection” by encouraging They desecrated these halls, in ate floor to slam the president
the Jan. 6 riot at the U.S. Capi- this chamber, and practically he had aided through numer-
tol that left five dead.
every inch of ground where we ous political and judicial bat-
tles over the prior four years.
A longtime Republican work.”
“We’ll either hasten down
state lawmaker from Ontario,
Congress rejected the chal-
Bentz was elected in Novem- lenges to Pennsylvania and a poisonous path where only
ber 2020 to represent Oregon’s other votes and certified the the winners of an election actu-
2nd Congressional District, election of Biden as president ally accept the results, or show
which takes in most of eastern, and Kamala Harris as vice we can still muster the patri-
otic courage that our forebears
central and parts of southwest- president.
ern Oregon.
In a press release issued showed, not only in victory, but
Bentz replaced U.S. Rep. just before 4 a.m. the day in defeat,” McConnell said. “If
Greg Walden, R-Hood River, after the riot, Bentz said that this election were overturned
who retired following 20 years the certification meant Biden by mere allegations from the
in the House. Like Walden, was the legally elected pres- losing side, our democracy
Bentz is the lone Republican in ident. He said he had ques- would enter a death spiral.”
But after Biden’s inaugu-
the Oregon congressional del- tioned the outcome because
egation that includes two sen- he had heard from constituents ration on Feb. 20, much of the
ators and the other four House who believed the election was Republican criticism of Trump
members.
ceased.
tainted by unspecified fraud.
McConnell, now minority
After he lost his re-elec-
“My goal was to protect the
tion bid for the White House integrity of our elections and leader, made no more pub-
to Democrat Joe Biden, Trump to prompt all states to uphold lic rebukes. McCarthy sought
continued to tout conspiracy election laws as determined by Trump’s favor, while the Free-
theories. He also promoted their state legislatures — all in dom Caucus launched plans
debunked claims that the elec- accordance with our Constitu- for primary challenges against
tion had been stolen from him tion,” Bentz said.
Cheney and GOP House mem-
Soon after the siege, Bentz bers who voted to impeach.
by widespread voter fraud.
Cheney said she was
Bentz had been among a sided with House Republican
group of incoming GOP law- leaders who sought to derail alarmed by the party’s turning
makers who issued a state- efforts to punish 10 Repub- away from such recent events
ment in December calling for licans who voted to impeach that she found devastating to
“a congressional investiga- Trump for “incitement to riot.” the core institutions of Ameri-
tion and review into what has
Cheney, a former state can democracy.
In frequent statements,
happened in states where elec- department official and daugh-
tion irregularities have been ter of former Vice President Cheney repeated her call for
Dick Cheney, was the most the party to reject Trump as the
observed.”
On Jan. 6, Bentz came to high-profile Republican to first step in rehabilitating the
the Capitol planning to chal- favor the impeachment of image of Republicans as a part
lenge the certification by Con- Trump.
of the long history of peaceful
gress of the Electoral College
Bentz initially helped two-party government.
votes in Pennsylvania. A mob House Minority Leader Kevin
Cheney wrote a guest
of pro-Trump rioters stormed McCarthy,
R-California, opinion piece for the Wash-
the Capitol, forcing lawmakers repulse an attempt on Feb. 3 by ington Post last month, say-
into hiding as they ransacked the Freedom Caucus, the par- ing the party “is at a turning
point, and Republicans must
decide whether we are going
to choose truth and fidelity to
the Constitution.”
While Cheney saw GOP
silence as breaking trust
with Americans, the House
Republican Caucus increas-
ingly looked at her drum-
beat of criticism of Trump as
undercutting her role as the
face and voice of Republican
policy in the House.
Bentz joined with McCa-
rthy, other former Cheney
backers and the already disen-
chanted Freedom Caucus to
question Cheney’s effective-
ness as a GOP leader.
In a speech to a nearly
empty chamber earlier this
week, Cheney seemed resigned
to her fate, but would continue
to call on the party to dump
Trump as its leader.
“We must speak the truth
— our election was not stolen
and America has not failed,”
Cheney said.
Cheney said she had made
a promise to uphold the U.S.
Constitution, not perpetuate
the rule of one president who
refused to admit defeat — no
matter the cost.
“This is not about partisan-
ship,” Cheney said. “This is
about our duty as Americans.
Remaining silent and ignoring
the lie emboldens the liar.”
It took the House Repub-
lican Caucus a little over 20
minutes on Wednesday to vote
Cheney out.
Cheney said afterward that,
if Trump runs for the White
House in 2024 as he has sug-
gested, “I will do everything I
can to ensure that the former
president never again gets any-
where near the Oval Office.”
Bentz says he backs the
choice of U.S. Rep. Elise Ste-
fanik, R-New York, to replace
Cheney. Stefanik is endorsed
by both McCarthy and his top
lieutenant, U.S. Rep. Steve
Scalise, R-Louisiana.
Some Freedom Caucus
members sought to derail Ste-
fanik’s rise, saying earlier
votes against Trump’s tax cuts
and some immigration policies
showed a moderate streak out
of step with the caucus.
But Stefanik has risen as an
ardent Trump backer since the
then-president’s first impeach-
ment trial in early 2020. Trump
himself has called Stefanik “a
winner.”
In his statement on Tues-
day, Bentz said Stefanik would
put the party’s focus on fight-
ing Biden.
“There is no doubt in my
mind that Congresswoman
Stefanik, with Leader McCar-
thy and Whip Scalise, will look
forward, not back, and that
together Republicans will win
back the House in 2022.”
Pendleton housing plan sent to Senate for final vote
By Gary A. Warner
Oregon Capital Bureau
Pendleton would join Bend
and Redmond in an affordable
housing pilot program under a
bill now one step from legisla-
tive approval.
The Senate Committee on
Natural Resources and Wildfire
Recovery on Monday approved
House Bill 2160 by a vote of
4-1.
The bill now goes to the full
Senate for final approval. It’s
expected to win overwhelming
approval sometime in the next
few weeks.
The legislation would add
Pendleton to a state pilot pro-
gram that allows cities to exper-
iment with affordable hous-
ing projects beyond their urban
growth boundaries. Advocates
say the pilot projects could be
a model for widespread use
around the state in the future.
House Bill 2160, sponsored
by Rep. Bobby Levy, R-Echo,
would greenlight Land Conser-
vation and Development Com-
mission approval for an eventual
plan to build on up to 50 acres
outside of Pendleton’s current
development limits.
The bill passed the House
unanimously last month.
Bend was the first city to
receive approval for a project
outside of the UGB, which usu-
ally requires a longer, more rig-
orous review process. Redmond
joined the program as the second
project, and if approved, Pendle-
ton would become the third.
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