Four face federal charges after allegedly assaulting gay man

Four people face federal charges in the alleged kidnapping of a gay man in Harlan County who said they attacked him because of his sexual orientation.

The four aided one another in kidnapping Kevin Pennington and holding him for the purpose of assaulting him, according to a federal complaint sworn out by Anthony M. Sankey, an FBI agent.

The alleged crime was a federal offense because the four used instruments of interstate commerce in the crime: a Chevrolet Silverado pickup and U.S. 119, a federal road.

Charged are David Jason Jenkins, 37, of Cumberland; Anthony Ray Jenkins, 20, and his wife, Alexis Leeann Jenkins, 19, of Partridge; and Mable Ashley Jenkins, 19, also of Partridge.

The two men are cousins, and Mable Ashley Jenkins, who goes by Ashley, is Anthony Jenkins' sister, Pennington has said.

It is a federal crime to attack a person because of his or her sexual orientation. The four have not been charged under that federal hate-crimes law, but defense attorneys said it's likely they will be.

Alleged violence against a gay person "is going to get you a hate crime," said Andrew M. Stephens, a Lexington attorney who represents David Jason Jenkins.

The four had their initial appearance in federal court in London on Wednesday.

Assistant U.S. Attorney Hydee Hawkins said in court that the government would ask to have all four held in jail until the trial. They face a maximum sentence of life in prison.

The alleged assault that led to the charges happened last year.

Pennington, 28, of Letcher County, said he had known the four for years and once had had a relationship with a male relative of Anthony and Ashley Jenkins.

Pennington told the Herald-Leader that about a week before the alleged kidnapping, Ashley Jenkins asked him to go out with her, but he turned her down in pointed terms, angering her.

Pennington said he also had rejected advances from David Jason Jenkins.

Sankey, the FBI agent, said in a sworn statement that Pennington told him that the two young women came to his home on April 4 and that Ashley Jenkins said she wanted some Suboxone. That is a pain medication often abused in Kentucky.

Pennington said he already had arranged to get a Suboxone strip. The two agreed that Ashley Jenkins would drive Pennington to get the drug and pay for it if he would share it with her, according to Sankey's affidavit.

David Jason Jenkins and Anthony Jenkins were in the truck outside.

The group skipped the drug buy because some of them were concerned the source was cooperating with police. Instead, Anthony Jenkins drove to Kingdom Come State Park, just outside Cumberland, refusing Pennington's request to let him out.

Jenkins parked on a trail, then he and Jason Jenkins dragged Pennington from the truck and began punching and kicking him, he told Sankey.

Pennington said the two women cheered on the attack, yelling "Kill that faggot," and "You're going to die out here," Sankey said in his statement.

During a lull in the attack, Pennington was able to run away and hide in the woods. He waited until the four stopped looking for him and left, then limped to a ranger station and called for help.

Pennington said he sustained various injuries, including bruises over much of his body, a torn ligament in his shoulder, a closed-head injury and a torn ear.

Jason and Anthony Jenkins were charged in Harlan County with attempted murder, and Ashley and Alexis Jenkins with complicity.

In statements to police, Anthony, Ashley and Alexis Jenkins pointed to Jason Jenkins as the main aggressor. Jason Jenkins admitted hitting Pennington but said Anthony Jenkins hit him first, according to his statement.

Jason Jenkins told his ex-wife in a call recorded at the jail that Anthony Jenkins didn't like Pennington because he was gay.

A woman who was in jail with Ashley and Alexis Jenkins said the two had bragged about helping plan the attack and talked of how funny Pennington looked lying on the ground while the men beat him, according to Sankey's affidavit.

Commonwealth's Attorney Henry Johnson said Wednesday that he would drop the state charges against the four. The stiffer potential penalty and the lack of parole in the federal court system make it a better venue to handle the case, Johnson said.

The Kentucky Equality Federation, which advocates for gay, lesbian, bisexual, transgendered and intersex people, had urged federal authorities to investigate the alleged attack on Pennington, arguing it was a hate crime motivated by his sexual orientation.

Jordan Palmer, president of the federation, applauded the federal charges in the case.

"In a civil society, we must live together in peace and harmony," Palmer said in a statement. "We cannot allow citizens to be targeted because they are gay, lesbian, bisexual, transgender, Latino, or any other manner you can separate and label a person."

Read more here: http://www.kentucky.com/2012/03/14/2109216/four-arrested-by-fbi-for-alleged.html#storylink=misearch#storylink=cpy

Four from Cumberland charged with kidnapping Case remains under investigation by FBI

Joe P. Asher; Staff Writer
Published: March 15, 2012

Four Harlan County residents are being held on federal charges of kidnapping. The Kentucky State Police assisted the FBI on Tuesday evening in picking up David Jenkins, 37, of Cumberland; Anthony Jenkins, 20, of Partridge; Mable Jenkins, 19, of Partridge; and Alexis Jenkins, 19, of Partridge.

The arrests stem from an alleged incident where two men and two women took Kevin Pennington to Kingdom Come State Park and he was severely beaten in April of last year.

Pennington reportedly sustained injuries to his head, chest, back, face, left arm and leg, his neck and ear.

According to an affidavit prepared by FBI Agent Anthony Sankey, Pennington was at his home when the two female defendants stopped by and asked Pennington if he would go riding with them.

Pennington stated he did not know who was in the truck when he first entered, but did recognize two male defendants when a light was turned on in the truck. Upon recognizing them, Pennington asked to be taken home and was told they were just riding up to the park and would turn around.

The affidavit also stated, the vehicle stopped when they drove up on a fallen tree across the road on Little Shepherd Trial. The two male defendants then pulled Pennington from the vehicle and started to punch and kick him while making anti-homosexual statements. During the attack Pennington was covering his face and they were all screaming "how you like this faggot."

Pennington was able to escape when the defendants went back to the truck, while they walked to the truck they were discussing getting a tire iron. Pennington jumped down the mountain and hid behind some rocks where he hid for approximately 20 minutes after seeing the headlights pull away.

Pennington then made his way to the park ranger station in search of help. He was unable to locate any park rangers, so he broke out a window in the park manager's residence and used the telephone inside to call 911. He remained at the residence until the police arrived.

David and Anthony Jenkins were originally arrested on indictment warrants returned by a Harlan County Grand Jury on a charge of attempted murder. Mable and Alexis Jenkins were served with indictment warrants on a charge of complicity to attempted murder. These charges will be dropped in deference to the federal case.

Also alleged in the affidavit, "there is sufficient probable cause to believe that David Jason Jenkins, Anthony Ray Jenkins, Mable Ashely Jenkins and Alexis Leeann Jenkins, aided and abetted by each other, did willfully and unlawfully kidnap, abduct, seize, confine, inveigle, decoy and carry away, Kevin Pennington and hold him for the purpose of assault, and did use an instrumentality of interstated commerce, to wit; a vehicle and an interstate road, in committing the offense, all in violation of 18 U.S.C. SS 1201 (a)(1) and 2."

At this time, federal authorities have not charged the defendants with a hate crime, however, the investigation is still ongoing.

"United States Attorney Kerry Harvey has shown enormous outreach and support of the federal hate crimes legislation," Kentucky Equality Federation President Jordan Palmer said in a statement. "We have remained in regular contact with the commonwealth's attorney, county attorney, and the United States Attorney throughout this investigative process.

We also extend our thanks to Commonwealth's Attorney Henry Johnson and County Attorney Fred Busroe Jr."

Palmer continued, "In a civil society we must live together in peace and harmony. We cannot allow citizens to be targeted because they are gay, lesbian, bisexual, transgender, Latino, or any other manner you can separate and label a person."

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Feds arrest 4 in alleged hate crime

Debbie Caldwell: Editor
Published: March 14, 2012

An alleged hate crime has now moved to the federal level. Four people are being held in federal custody at the Laurel County Detention Center for the alleged beating of a man at Kingdom Come Park last year. The Kentucky State Police assisted the FBI on Tuesday evening in picking up David Jenkins, 37, of Cumberland; Anthony Jenkins, 20, of Partridge; Mable Jenkins, 19, of Partridge; and Alexis Jenkins, 19, of Partridge.

The arrests stem from an alleged incident that was investigated by Kentucky Department of Fish and Wildlife officer Matt Cope, who now works for the Harlan County Sheriff's Office. It was investigated by Cope because of it allegedly occurred on state park property.

Cope said in a previous report that a 911 call came in at 11:47 p.m. on April 4. It's alleged that two men and two women took Kevin Pennington to Kingdom Come State Park and he was severely beaten.

David and Anthony Jenkins were arrested on indictment warrants returned by a Harlan County Grand Jury on a charge of attempted murder.

Mable and Alexis Jenkins were served with indictment warrants on a charge of complicity to attempted murder.

The Kentucky Equality Federation, an advocacy group for equal treatment of all citizens became involved with the case and asked the U.S. Department of Justice to investigate the alleged hate crime in Harlan County.

In a recent press release, the Federation described the incident as "an unprovoked attack on a gay man" that was motivated by hate or intolerance toward sexual minorities. The group forwarded a report of the alleged hate crime to U.S. Department of Justice, and it also renewed its request that the Department intervene under newly federal hate crimes legislation.

Harlan County Commonwealth Attorney Henry Johnson said some prosecutors met with him and some members of his staff and had discussed the case along with a representative of the victim. "Because of the fact that the federal penalties for a hate crime of this nature are more stringentthe consensus was if the federal authorities were willing to undertake the case that would be a good course of action. Everybody was in agreement on that," Johnson said. "So, there was an investigation conducted and apparently it has resulted in federal indictments. The state case was set for trial on March 27, but that will be dropped in deference to the federal prosecution."

Johnson said the federal investigation has been under way for some time. "I've been aware of the fact that there was an investigation going on, and the federal authorities have been very thorough in their investigation on this," Johnson said. "They've put a lot of time and effort into it. I know they have really done the work that needs to be done for the federal indictments to be returned."

Information on the federal charges was not available at press time. The Enterprise will attempt to get information today for a follow-up on this report.

Mable Jenkins
David Jenkins
Alexis Jenkins
Anthony Jenkins

Harlan Daily Enterprise
Heartland Publications, LLC.

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Feds step up enforcement of hate crimes in Central, Eastern Kentucky

To those who might consider attacking people because of their race or sexual orientation, U.S. Attorney Kerry B. Harvey has a message: Don't.

"They need to understand that they're playing with fire, that it won't be tolerated," Kerry said in an interview Friday.

Harvey said he has made enforcement of federal civil-rights laws — including the law regarding hate crimes — a priority since he took office in May 2010 as the top federal prosecutor for Central and Eastern Kentucky.

He designated a unit within the office to focus on civil-rights enforcement, and on Thursday the office hosted a training session for state and local police and prosecutors.

About 100 people attended the training.

It was the first such session during Harvey's time as U.S. attorney, said Kyle Edelen, spokesman for the office.

One focus was changes in federal hate-crimes law.

In 2009, Congress broadened the law to add crimes motivated by a victim's sexual orientation, disability and gender to the list of hate crimes, according to Harvey's office.

Harvey said he could not discuss pending cases, but confirmed the changes "have generated some activity on our part."

Harvey said he wants to educate the public about civil-rights laws, and to deter people from committing hate crimes.

The federal hate-crime law also covers violent acts motivated by the victim's race, color, religion and national origin.

Harvey pointed out that while an assault might be considered a misdemeanor under state law, punishable by no more than a year in prison, the attack could be charged as a felony hate crime under federal law if it was motivated by the victim's race, sexual orientation or other factors covered by the law.

That could bring a sentence of up to 10 years, or life if the crime included aggravating factors such as kidnapping or sexual abuse.

Harvey said he wants police to be aware of the hate-crimes law and the changes so that they will be more likely to spot whether a crime was motivated by bias.

Kentucky State Police statistics show there were 69 hate crimes reported in Kentucky in 2010, according to Harvey's office.

Harvey said it's likely many hate crimes go unreported.

The U.S. Attorney's Office that covers Western Kentucky hosted a training session last year for state and local police that focused on hate crimes and human trafficking, according to Stephanie Collins, spokeswoman for the office.

Jordan Palmer, president of the Kentucky Equality Federation, which advocates for gay, lesbian, transgender and intersex people, applauded Harvey's focus on civil-rights enforcement.

"He's shown enormous sensitivity, enormous outreach," Palmer said.

The federation asked federal authorities to investigate alleged assaults on a gay man and a lesbian woman in Harlan County last year.

Read more here: http://www.kentucky.com/2012/02/24/2082534/feds-step-up-enforcement-of-hate.html#storylink=misearch#storylink=cpy

Pastor's support of gays, lesbians leads to church leaving Baptist association

Lexington's Central Baptist Church withdrew from the Elkhorn Baptist Association after its minister's supportive position on gay and lesbian issues was questioned by a pastor in another association church.

The Rev. Mark Johnson, pastor at Central Baptist, said his church unanimously decided to split from the association in December. Johnson said the move stemmed from questions raised over comments he placed on his blog last fall suggesting that Jesus would have been supportive of gay and lesbian people.

Don Reed, executive director of the Elkhorn Baptist Association, said Thursday that Central Baptist chose to leave the organization before Elkhorn ever looked into questions about the blog post.

Now Central Baptist Church's decision is drawing praise from the Kentucky Equality Federation, an advocacy group for gays and lesbians.

Kentucky Equality Federation President Jordan Palmer said in a statement, "We need more churches like this across the commonwealth. Everyone's relationship with God is personal and not for any one person or any association of churches to condemn or frown on."

Central Baptist withdrew from the Southern Baptist Convention and Kentucky Baptist Convention in fall 2000 in what church officials said at the time was a response to growing conservatism in both organizations.

But Central Baptist had remained in the Elkhorn Baptist Association, which includes more than 80 Baptist churches in Lexington and Central Kentucky. Formed in 1785, Elkhorn Baptist Association is the oldest Baptist organization west of the Allegheny Mountains. Central Baptist Church, which has about 350 members, joined the association almost 60 years ago, Johnson said.

Central Baptist officials released a statement saying the church has "no feelings of animosity toward or alienation from" Elkhorn Baptist Association, but members thought it was "best to officially part ways."

Johnson said events leading to the split began in October, when the Rev. David Prince, pastor of preaching and vision at Ashland Avenue Baptist Church in Lexington, wrote to the Elkhorn Baptist Association membership committee questioning statements Johnson made Sept. 23 on his blog.

In his post, titled "Who Stole Jesus," Johnson applauded a church in Indianapolis that believes Christ "would be a strong advocate and defender of equal rights for all persons, including those in the LGBT (lesbian, gay, bisexual and transgender) community."

Prince said Wednesday that individual Baptist churches are free to believe as they wish, but he considered Johnson's blog comments to be outside the "doctrinal commitments of the Elkhorn Baptist Association."

"A church sadly and tragically disqualifies itself by certain practices, conduct, preaching or doctrine contrary to the doctrinal statement," Prince said. "In my mind, that alone at least clarified that the pastor (at Central Baptist) was outside the bounds of our shared doctrinal commitment."

Prince said he simply suggested that the Elkhorn Baptist Association membership team "look into" the question.

Reed, the Elkhorn Baptist Association director, said Thursday that the organization received Prince's inquiry but that Central Baptist decided to leave before any action was ever taken.

The association never looked into whether Johnson's statements conflicted with doctrine, Reed said.

Johnson said in a statement that Central Baptist was faced with a choice of "should we fight to stay or graciously and quietly just go?"

"When we were informed that one church was perhaps asking the membership committee to look into what was going on, we felt that given the nature of how Baptists go about this, it probably wouldn't be a very nice experience," Johnson said. "We just felt, since we'd left the other two organizations, maybe it was time to leave the third."

Johnson said Central Baptist wanted to be "identified as an open and inviting fellowship for God's people."

Read more here: http://www.kentucky.com/2012/02/16/2071697/pastors-support-of-gays-lesbians.html#storylink=cpy

Kentucky Equality Federation makes the Top 10 in the 2011 Kentucky Top News Recap

Kentucky Equality Federation made # 2 on the Top 10 List for "2011 Kentucky Newspapers." From our Rally in Hazard, KY to our defense of victims of Hate Crimes, our partnership with StoryCorps, and Jordan Palmer being in the national magazine, The Atlantic.

Hate crime alleged in attack in Harlan

By: Bill Estep
Lexington Herald-Leader

PARTRIDGE — An advocacy group has asked federal officials to investigate a case in which a Letcher County man says he was viciously beaten in Harlan County because he is gay.

Two men have been charged in state court with attempted murder and two women have been charged with complicity to commit attempted murder stemming from the April beating of Kevin Pennington.

The Kentucky Equality Federation recently asked the U.S. Department of Justice to intervene in the case, saying there was a concern the case wouldn't be handled aggressively locally.

It is the second such request the federation has made in Harlan County in recent months concerning an alleged attack related to sexual orientation.

Jordan Palmer, president of the federation, said that Pennington's case should be prosecuted as a hate crime, but that he was not aware of a prosecutor in southeastern Kentucky ever using the state's hate-crime law.

However, Harlan County Commonwealth's Attorney Henry Johnson said he intended to pursue the case as a hate crime, which would bring a higher penalty for a conviction. Johnson said he thought there was evidence that the attack on Pennington was motivated by his sexual orientation. Johnson said any concern that his office would not prosecute the case well was unfounded.

"I think the case would be treated fairly and seriously here," he said.

In the other alleged hate crime, a lesbian couple attending a Fourth of July fireworks show with the children of one of the women said several people who had been drinking yelled slurs and attacked them.

Pennington, 28, of Partridge was assaulted in April, according to court documents. However, the federation only recently asked federal officials to step in because Pennington had not come forward, Palmer said.

Pennington said people had directed slurs at him before, but no one had ever attacked him physically.

"They would not have done this to me if I wasn't gay," he said.

Those charged in the attack are David Jason Jenkins, 37; Anthony Ray Jenkins, 20; Mabel Ashley Jenkins, 18; and Alexis Leann Jenkins, 18.

The men were first charged with assault, but a grand jury changed the charge to attempted murder. The women were charged with complicity. All four have pleaded not guilty.

According to court records, David Jason Jenkins and the two women live in Harlan County. The records list an address for Anthony Jenkins in Partridge, which is nearby in Letcher County.

Pennington said the men are cousins; Mabel Ashley Jenkins, whom he called Ashley, is Anthony Jenkins' sister, and Alexis Jenkins is his wife.

Attempts to reach them or their attorneys Wednesday were not successful; Anthony Jenkins hung up when contacted by telephone.

Pennington told the Herald-Leader he once had a relationship with a male relative of Ashley and Anthony Jenkins.

Ashley Jenkins had told Pennington he shouldn't be gay, however, and had made advances toward him, said Pennington, who works part-time as a school maintenance worker.

Pennington said that Ashley Jenkins called him about a week before the attack and wanted to go out, but that he rejected her again in pointed terms, which he was told angered her. Pennington said he also had turned away advances from David Jason Jenkins, whom he called Jason.

Ashley and Alexis Jenkins came to his mobile home after dark April 4 and asked him to ride around in Cumberland, Pennington said. He decided to go because he needed cigarettes and soft drinks, and gas prices were high.

There were two men in the front seat of a Chevrolet pickup outside. The women said the two were their boyfriends, Pennington said. The men were wearing caps pulled low, so he couldn't see who they were when he and Ashley Jenkins got in the back seat, Pennington said.

He said he recognized Jason Jenkins as they drove toward Kingdom Come State Park, at Cumberland, and he began asking to get out of the truck, but they wouldn't let him.

Jason Jenkins began telling Pennington in graphic terms that he planned to sexually assault him, Pennington said.

Pennington said he couldn't get out by himself because the back door couldn't be opened with the front door closed.

He said he was shaking with fear as they drove up the mountain to Kentucky's highest state park, then out the paved Little Shepherd Trail.

When they stopped, the men pulled Pennington out of the truck, threw him to the ground and began stomping his head, legs, arms and back with their heavy boots and punching him while the two women yelled things such as "Kill that faggot," Pennington said.

"My head would hit the road and I would just see bright flashes of light," said Pennington, wiping away tears.

Pennington said he lost consciousness.

When he awoke, curled in a ball on the ground, he heard Anthony Jenkins talking about finding a tire iron in the truck, and Jason Jenkins telling Ashley Jenkins she would have to help throw Pennington over the mountain when they were done, Pennington said.

Thinking the assailants planned to kill him, Pennington decided to jump over the side of the mountain near the trail, not knowing whether it was a drop of 10 feet or 50 feet. He gathered his strength and ran.

"I was going to be dead one way or another, so I jumped," Pennington said.

He hit the ground quickly and ran down the hillside; he hid behind a boulder when he heard the -others coming after him.

His attackers eventually stopped looking for him, and he heard the truck pull away. Pennington said he was wet, cold and in pain, but he hid in the woods for about 45 minutes to make sure they were gone.

His ankle was badly sprained, but he hobbled up the hill and made his way to the ranger station at the park. No one was there.

Pennington said he got into a maintenance truck to wait for help. When no one came after about two hours, he broke out a window at the station and used the telephone to call 911 and his family.

When police and the ambulance arrived, boot prints were visible on his face, Pennington said. One of his ears was torn and bloody, he was badly bruised, he had a torn ligament in his shoulder, and there was gravel from the road embedded in his head, he said.

Pennington identified the alleged attackers, and police rounded them up.

Sheriff's deputy Matt Cope, the investigating officer, said in a criminal complaint that Ashley and Alexis Jenkins lured Pennington into the truck and spurred on the two men during the assault.

Anthony Jenkins admitted to beating Pennington, and others in the truck told police that Jason Jenkins also beat Pennington, Cope said in citations.

Pennington said the attack haunts him: He has nightmares and wakes up drenched in sweat, and he has been in counseling.

"I'm constantly looking over my shoulder," he said.

Read more: http://www.kentucky.com/2011/09/21/1891619/hate-crime-alleged-in-harlan-mans.html

Group wants feds to investigate an alleged hate crime

HARLAN DAILY ENTERPRISE
By: ANDERS ELD

The Kentucky Equality Federation, an advocacy group for equal treatment of all citizens, has asked the U.S. Department of Justice to investigate another alleged hate crime in Harlan County. The alleged incident occurred in April. It has been alleged, in previous reports, that two men and two women took Kevin Pennington to Kingdom Come State Park, and there, they severely beat him. The four was indicted the following month. Both Anthony Jenkins and David Jenkins have been charged with attempted murder. The two women, Mable and Alexis Jenkins, have been charged with complicity to attempted murder.

In a press release, the Federation described the incident as “an unprovoked attack on a gay man” that was motivated by hate or intolerance toward sexual minorities. The group has forwarded a report of the alleged hate crime to U.S. Department of Justice, and it also renewed its request that the Department intervene under newly federal hate crimes legislation.

Last month, the federation issued a hate crime complaint to the Department of Justice, following an alleged hate crime incident in Pathfork involving two women that allegedly were attacked by several men during a Fourth of July celebration. In that filing, the federation said “because judges as well as the county and Commonwealth Attorney are elected to office, [they] must keep the bulk of the population happy with their service to the Commonwealth or they risk not being re-elected to office and taking a stand to protect victims of hate crimes, especially members of the lesbian, gay, bisexual, transgender, or intersex community is politically dangerous to them, thus, justice rarely prevails.” The federation therefore requested that the justice department move this and other hate crime cases in the area to federal court where neither prosecutors nor judges are elected to office.

“We will continue to monitor the conduct of everyone involved and will report any indifference to enforce the laws of this Commonwealth both to the Justice Department as well as the Judicial Conduct Commission,” said federation president Jordan Palmer, in a statement.

Read more: The Harlan Daily Enterprise - Group wants feds to investigate an alleged hate crime

Fairness Ordinance Hits Rural Wall

The Commonwealth
Fairness Ordinance Hits Rural Wall
By: Jacalyn Carfagno, WEKU News

In part one WEKU reported on the experiences and challenges for young people growing up gay in Kentucky. In part two, she examines the complex and sometimes acrimonious debate over fairness ordinances. They’re designed to protect Kentuckians from discrimination based on sexual preference or identity.

Jeff Osborne, who’s pastor of the Berea Evangelistic Church, speaks for many rural Kentuckians.

"Well, there’s no question in my mind that homosexuality is wrong. Why? Well, the Bible teaches, both Old and New Testament, that homosexuality is a sin."

According to U.S. Census figures, there are really two Kentuckys. There’s rural Kentucky where very few gay couples are found. Then, there’s urban Kentucky where people are much more willing to identify themselves as same-sex couples. Communities like Louisville, Lexington and northern Kentucky recorded more than 10 same sex couples per thousand. The statewide average is just under seven couples.

Anecdotally, discrimination against sexual orientation is more common in rural Kentucky. For example, over the summer in Hazard, two gay men were ejected from a public swimming pool. In Harlan County, a lesbian couple reports they were beaten because of their sexual orientation.

Jordan Palmer, president of the Kentucky Equality Federation, said city government in Hazard, which has a history of tolerance, reacted quickly to the discrimination, but the story isn't the same everywhere.

"You travel outside of Hazard to Harlan or Hindman or Jackson, which is in Breathitt County, it's a completely different attitude. Gay people are beaten, they're openly and blatantly terminated because of their sexual orientation."

Hoping to outlaw discrimination based on sexual orientation, several communities have turned to fairness ordinances. They’ve been enacted in the urban centers of Louisville, Lexington and Covington. But, similar ordinances in relatively-rural Berea and Richmond have stalled.

Given the stalemate in rural Kentucky, proponents shifted their efforts to Frankfort. Palmer says a state law fashioned after a fairness ordinance would ensure all Kentuckians enjoy the same protections. Plus, he says only the state can effectively enforce the law.

So, the Kentucky Equality Federation is pushing to add sexual identity to the jurisdiction of the Kentucky Commission on Human Rights, which has authority throughout the Commonwealth.

"it protects smokers from being fired from a job but not because of sexual orientation or gender identity. That agency is heavily funded and they're the ones that need jurisdiction over sexual identity to be effective,” Palmer said.

But, political opposition remains strong. In 2004 three-quarters of voting Kentuckians drew the line at same-sex marriage, voting in favor of a constitutional amendment to ban it. The opposition dominated many rural counties, where nearly 90 percent of those people casting ballots voted to ban gay marriage, a practice that was already illegal in the Commonwealth.

Since that time, according to Palmer, even the local fairness ordinances have come under attack in Frankfort.

"The Kentucky House has tried three, four times to revoke the authority of municipalities to pass equality laws…." He thinks this is likely to happen again in the next legislative session because of publicity surrounding the effort in Berea.

Berea minister Jeff Osborne, speaks for many people who see the fairness ordinance as a violation of their property rights.

"My main concern is the loss of freedom myself, the loss of my freedoms. I believe that as a property owner I should have rights to say what should go on or shouldn’t go on on my property."

Nevertheless, the political and economic pressures on landlords and lawmakers continue to grow. Census figures again indicate Kentucky was among the states with the largest increase in same-sex couples. As the number of openly gay people grows, so does their political and economic power…ensuring the debate over discrimination based on sexual orientation is not over in Kentucky.

News Link: http://weku.fm/post/fairness-ordinance-hits-rural-wall

Alleging hate crime, Harlan County lesbian couple seeks federal involvement

By: Bill Estep

A lesbian couple in Harlan County who believes they were attacked and beaten because of their sexual orientation wants the U.S. Department of Justice to investigate the case.

The Kentucky Equality Federation on Wednesday requested that the federal government pursue the case as a hate crime, according to a letter provided by Jordan Palmer, its president.

The federation, which advocates for lesbian, gay, bisexual, transgender and intersex people, made the request for Misty Turner and Brandy Standifer.

Turner, a 28-year-old nurse, told the Herald-Leader she and Standifer have lived openly as a couple for three years in the Pathfork community.

Turner has a 5-year-old son and a 3-year-old daughter. She shares custody with the children's father, so the children live with her and Standifer much of the time.

Turner said she and Standifer, an emergency medical technician, had never had problems in the community because of their sexual orientation.

That changed July 4, Turner said, when the couple, the children and other family members were at a fireworks show at Pathfork.

As they sat in a church parking lot to watch the show, people among a crowd at a nearby house began shooting fireworks at them, Turner said.

The fireworks landed among her group, burning her son, her 80-year-old grandmother and others, Turner said.

"There was just sparks everywhere," she said.

Turner said she had seen people who were at the house drinking beer.

Turner said that when her father walked toward the group and she went after him to stop him, people in the group attacked her. When Standifer tried to intervene, others from the group started hitting and kicking her and knocked her to the ground, Turner said.

People in the "mob" hit only her and Standifer, not others of their group, Turner said.

That's one reason she believes the attack was motivated by the couple's sexual orientation.

Turner said people from the crowd called them "dykes" and made other derogatory comments related to their sexual orientation.

"If you want to look like a man, let's see you fight like one," one man said to Standifer, Turner said.

"I feel like it made them upset that we were there as a family," Turner said.

Alcohol might have fueled the anger as well, she said.

The attack left Standifer with a broken rib and bruises. Standifer had a man's shoeprints on her back, Turner said.

Turner was bruised and had a head injury and bleeding in her sinus cavity. She has more tests this week to figure out the extent of the damage, she said.

Turner said she could initially identify only two of the dozen or more people involved in the attack.

She swore out warrants the next day charging Rodney Howard with assault and Jeffrey Saylor, accused of pointing a gun at the couple during the incident, with wanton endangerment.

A judge later forwarded the charge against Saylor to a grand jury for a possible felony indictment but did not forward the charge against Howard, said their attorney, Otis Doan.

Doan said both men "totally deny" the charges.

Turner said she has since identified a third man, but she was advised to seek a charge against him from the grand jury.

She said she plans to do that in September. She said she will also seek a felony indictment against Howard.

Turner said that at the earlier court hearing for Saylor and Howard, their families were allowed in the courtroom, but her family members were not.

She also said Doan asked her questions she felt were derogatory, such as whether she promoted a lesbian lifestyle and still had custody of her children even though she is a lesbian.

Asked about the comments, Doan said, "I did my job as a lawyer representing my client."

Turner contacted the Kentucky Equality Federation after the hearing, concerned that her sexuality would hurt the case against those charged.

Kentucky has a hate-crime law, but officers with the federation said they were not aware of it ever being used in southeastern Kentucky.

Turner said she and Standifer are recovering physically, but the attack terrorized her children.

They've slept with her since, and they screamed when she recently had to stop for a school bus in front of the house where the attack happened, Turner said.

"Every night, I have to explain there are mean people in the world ... but mommy's not going to let anything happen to them," she said.

Read more: http://www.kentucky.com/2011/08/24/1856382/alleging-hate-crime-harlan-county.html#ixzz1VzjWeh4I

Read more: http://www.wkyt.com/wymtnews/headlines/Group_calling_Harlan_County_attack_a_hate_crime_128357348.html 

Read more: http://www.mcclatchydc.com/2011/08/25/121914/kentucky-lesbian-couple-seeks.html