Attorney who 'refuses to prosecute' domestic violence cases between same-sex partners faces suspension

A district attorney in Tennessee could face suspension after saying he does not prosecute domestic violence cases between same-sex partners.

Coffee County district attorney Craig Northcott came under fire in June after a video emerged of him saying he would not prosecute anyone with domestic violence charges if they are in a gay marriage because he does not accept their legal status.

Several rights organisations have now filed a formal complaint against the controversial official – arguing his comments could deter LGBT+ people from reporting domestic abuse, hate crimes, or other forms of violence.

“There is no marriage to protect,” Mr Northcott told participants at Chafer Theological Seminary Bible Conference last year in recently unearthed comments. “So I don’t prosecute them as domestics.”

The district attorney claimed Tennessee’s enhanced punishments for domestic abuse offenders only apply to heterosexual couples “to recognise and protect the sanctity of marriage.”

Mr Northcott continued: “I don’t prosecute [same-sex domestic violence] because I don’t recognise it as marriage.”

While it is not clear if he has acted on his statements, he has the discretion to make charging decisions as the chief prosecutor in the county.

Lambda Legal, Tennessee Equality Project, and Domestic Violence and Sexual Assault Center of Rutherford County are calling for Mr Northcott to be investigated and expelled. They have filed a lawsuit against him – as well as reporting him to the Tennessee Board of Professional Responsibility which strives to protect the public from unethical attorneys.

Ethan Rice, a senior attorney at Lambda Legal, said: “Northcott has denied the validity of same-sex marriages and the equal protection of the law to LGBT+ people.

“Such conduct violates ethics rules protecting citizens from bias and has no place within the very office designated to enforce the law of the land. Keeping DA Northcott in office will have a chilling effect on the willingness of LGBT+ people to seek justice and protection.

“Northcott’s public comments revealed not only a bias against LGBT+ people but that he has made discriminatory charging decisions against an entire class of people and intends to continue to do so.”

Christopher K Sanders, executive director of Tennessee Equality Project and Tennessee Equality Project Foundation, noted LGBT+ people who are subject to domestic violence are “among the most vulnerable populations” in Tennessee.

He added: “Prosecutors have a duty to treat their cases with the same gravity as all other cases. Discrimination in prosecution endangers our community and erodes the public trust in the criminal justice system. We join Lambda Legal’s complaint out of a solemn obligation to the LGBT+ community in Coffee County and a hope for equal protection of the laws.”

The Tennessee Bureau of Investigations reported that in 2018 it had received 1,424 reports of domestic violence occurring within same-sex relationships.

Over a fifth of all hate crimes last year were motivated by sexual bias, which includes crimes against LGBT+ and gender nonconforming people, according to their 2018 Tennessee Hate Crime Report.

Karen Lampert, executive director of Tennessee-based organisation Domestic Violence Program and Sexual Assault Services, said: “Denying, limiting or disbelieving a victim of domestic violence, sexual assault or stalking further empowers an abuser, increases danger of lethality and perpetuates a societal crime that can be prevented.”

Mr Northcott also said that he would refrain from prosecuting county clerks who deny marriage licenses to LGBT+ couples.

The official, who took office in 2014, said his “advice” to clerks would be to not “succumb” to the law and instead “stand on God’s truth.”

Mr Northcott said instead of getting clerks to uphold marriage equality as law, he would encourage them to overlook their duties and would “pat [the clerk] on the back” and “give [the clerk] hugs”.

A group of more than 200 attorneys permitted to practice in Tennessee wrote to the state’s Board of Professional Responsibility in June – branding his “unacceptable” and “unethical” conduct the “highest level of prosecutorial misconduct and abuse of discretion.”

“We find this disturbing and unacceptable on multiple levels, the least of which being Mr Northcott’s misunderstanding of domestic violence law in the State of Tennessee, where marriage or even romantic status is not an essential element for a charge of domestic assault,” the letter, written by attorney Sunny Eaton, said.

The saga comes after Mr Northcott was fiercely criticised in May for saying Muslims have “no constitutional rights”.

“There are only God-given rights protected by the constitution. If you don’t believe in the one true God, there is nothing to protect,” News Channel 5 quoted him as saying in response to a claim Muslims worshipped the same god as he did.

He refused to apologise for anti-Muslim comments and dismissed calls to step down.