President Obama Keeps Promise, Signs Shepard/Byrd Hate Crimes Prevention Act
Washington, DC – 20 years of advocacy and struggle issued today in a powerful moment when President Barack Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law. USA Today reported the comments of the President, both at the signing event, and at a later ceremony honoring the new law. “After more than a decade of opposition and delay, we’ve passed inclusive hate crimes legislation to help protect our citizens from violence based on what they look like, who they love, how they pray or who they are,” Obama said as he signed the Act. Commenting later in the day, he said to supporters of the new law, “No one in America should ever be afraid to walk down the street holding the hand of the person they love.” He then cited statistics that in these past 10 years since the hate crime murder of Matthew Shepard, there have been more than 12,000 hate crimes based on sexual orientation. “We will never know how many incidents were never reported at all,” the President concluded. Social justice advocates from all over the nation hailed the moment, as well. The Human Rights Campaign, the nation’s largest LGBT rights advocacy organization, reported that representatives of the Shepard family and the Byrd family were present at the signing event with the President. Judy Shepard remarked, “We are incredibly grateful to Congress and the president for taking this step forward on behalf of hate crime victims and their families, especially given the continuing attacks on people simply for living their lives openly and honestly. But each of us can and must do much more to ensure true equality for all Americans.” Stella Byrd, mother of straight African American hate crime victim, James Byrd, Jr., for whom the Act was also named, followed Mrs. Shepard with her remarks, “We appreciate everyone who worked so hard on this bill. My son was taken at such an early age and we hope this law will help prevent other families from going through what we experienced. Even though we’re different colors and different sexual orientations or gender identities, God made us all and he loves us all.” According to other reports, Damien Skipper, brother of slain gay Floridian Ryan Keith Skipper, and Elke Kennedy, mother of Sean Kennedy, murdered gay hate crimes victim from Greenville, South Carolina were among other bereaved family members present at the events. HRC President Joe Solmonese made these observations to the press: “This law honors our lesbian, gay, bisexual and transgender brothers and sisters whose lives were cut short because of hate. Today’s signing of the first major piece of civil rights legislation to protect LGBT Americans represents a historic milestone in the inevitable march towards equality. Although this is a major step in fighting the scourge of hate violence, it is not the end of the road. As a community, we will continue to dedicate ourselves to changing not only laws but also hearts and minds. We know that hate crimes not only harm individuals, but they terrorize entire communities. After more than a decade of advocacy, local police and sheriffs’ departments now have the full resources of the Justice Department available to them.” Solmonese concluded, “We applaud President Obama for signing this bill into law and thank the leadership and our allies in the House and Senate. We also will always remember the tireless efforts of Senator Edward Kennedy on this issue. Senator Kennedy once said that this legislation sends ‘a message about freedom and equality that will resonate around the world.’ This marks the first time that we as a nation have explicitly protected the LGBT community in the law. And this law sends a loud message that perpetrators of hate violence against anyone will be brought to justice.”
Not only was this an historic moment in the history of human rights advocacy in the United States. The action of President Obama marks a significant milestone in the relatively short history of his administration. The enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is the first major promise to the LGBT community that the President has kept. During his campaign for the presidency, Obama repeatedly made promises to LGBT people that he would expand, protect, and defend their rights. Many LGBT activists have been critical of the seeming slowness of the President and the Congress to keep faith with homosexual and transgender Americans, who voted in record numbers to support the Democratic ticket this past year. Many other important promises remain unfulfilled by the Obama administration: enactment of the Employment Non-Discrimination Act (ENDA), repeal of Don’t Ask, Don’t tell (DADT) which the Secretary of the Army suggests is now doable, and repeal of the Defense of Marriage Act (DOMA). The enactment of the Shepard/Byrd Act, however, is a powerful indication the President will make his promises good to some of his most loyal supporters, and the significance of this day should not be lost on his LGBT critics.
20 Years of Effort Led to the Matthew Shepard and James Byrd, Jr. Act of 2009

Matthew Shepard and James Byrd, Jr.
When President Obama signs the Matthew Shepard and James Byrd, Jr. Act of 2009 into law sometime next week, that moment will be the culmination of two decades of tireless work at the federal level to protect Lesbian, Gay, Bisexual and Transgender people from violent, bias-motivated crimes. The term “hate crime” did not enter the American lexicon until the 1980s, though crimes of violence against minorities that caused whole groups to live in fear. First introduced in 1989, Congress passed the Hate Crime Statistics Act (HCSA) of 1990 which mandated the that U.S. Department of Justice collect statistics on crimes that “manifest prejudice based on race, religion, sexual orientation, or ethnicity” from law enforcement agencies across the country and to publish an annual summary of the findings. In the Violent Crime Control and Law Enforcement Act of 1994, Congress expanded coverage of the HCSA to require FBI reporting on crimes based on “disability.” Pursuant to the passage of the HCSA of 1990 and at the request of the Attorney General of the United States, the FBI first gathered and published this data in 1992, and has done so every year since. The collection and publication of data supporting the claims of the LGBT community, that they were indeed being targeted by terror-attacks, set the stage for all subsequent federal legislation relating to the protection of people who were being physically harmed because of actual or perceived sexual orientation. Transgender persons have been left out of any data gathering done by the federal government right up until the present, as if there were no violent crimes perpetrated against this important population of gender non-conformists. The FBI Sexual Orientation Hate Crimes Statistics for 2007, published in October 2008, recorded 1,512 persons or 11% of the total of the 9,535 persons victimized in physical attacks classified as hate crimes. This number of individual victims was the third highest of all victims of hate crimes, after race and religion bias crimes. Further, the 2007 figures show that two and a half times more Lesbians, Gay men, and Bisexual persons were victimized by murder or non-negligent manslaughter than any other group on whom the FBI kept statistics that year. Though flawed and under-counted according to the National Coalition of Anti-Violence Programs, the incidence of violent crime against the LGBT community recorded by the FBI established something of the magnitude of the national crisis brought on by homophobia and heterosexism. In 1993, the Hate Crimes Sentencing Enhancement Act was enacted into law, allowing judges to impose harsher penalties for hate crimes, including hate crimes based on gender, disability and sexual orientation that occur in national parks and on other federal property. According to the Human Rights Campaign, the Hate Crimes Prevention Act, predecessor of the Matthew Shepard Act, was first introduced in the 105th Congress. At that time, 1997-1999, both houses of the federal legislature had Republican majorities. Successive attempts to pass federal hate crimes legislation covering LGBT people were frustrated until the 111th Congress. First named the Local Law Enforcement Enhancement Act, then the Matthew Shepard Hate Crimes Prevention Act, and finally the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (in memory of Shepard, a gay 21-year-old student murdered in Wyoming and Byrd, a 49-year-old African American dragged to death in Texas), the legislation moved steadily through Houses of Congress. The vote in the United States Senate on October 22, 2009 was the “14th and final time” this legislation faced a vote on the floor in either the House or the Senate.
Anti-Transgender Violence Hot Topic for LGBT Community
New York City – The Associate Press reports that a major anti-transgender violence forum slated for October 7 will address the rising incidence of attacks against transgender New Yorkers. Brooklyn Law School is hosting the forum,which will be attended by the family of Lateisha Green, transwoman of color, who was murdered in Syracuse last year. Her convicted killer, Dwight DeLee, was convicted of manslaughter in her shooting death three months ago. The conviction was the first under New York State’s hate crimes law, sending a message to perpetrators of violence against transgender people that transphobic attacks will no longer be tolerated in the Empire State. The Transgender Legal Defense and Education Fund, organizers of the Brooklyn forum, point out that transgender people face increasing degrees of “pervasive discrimination, harassment and violence.” Statistics gathered by transgender advocacy groups note that 12% of all violent attacks against LGBT people in 2008 were perpetrated against transgender people. As Joseph Erbentraut, Great Lakes Regional Editor for EDGE reported earlier this week, Lesbians, Gay Men, and Bisexuals are complicit in these crimes of violence because of prejudices they hold against gender non-conforming people. Activists agree that lesbians, gay men, and bisexuals are hardly immune from the prejudice vented against transpeople by the society. Each group too easily absolutizes the gender presentation they are familiar and comfortable with. Jokes and slurs aimed by LGB people against transgender people, calling them “trannies” or “drag queens” differ little from the epithets cast at them by straight haters. While actual instances of anti-trans violence by LGB people are rare, the bias is symptomatic of a tragic lack of awareness that all prejudice against members of the sexual minority is interconnected. The Lateisha Green case, however, is a source of hope in New York. While the conviction of DeLee was based on anti-gay epithets he used while murdering Green rather than transphobic ones, the severity of the first-degree manslaughter sentence woke the Empire State legal community up, and began a movement to add transphobic language to the hate crimes penal code as well as homophobic speech. The precedent-setting case sends a message that attacks against transgender New Yorkers will no longer be tolerated. Erbentraut reports that all sources he contacted agreed that the most effective way to blunt anti-transgender violence would be the swift passage of comprehensive hate crimes protections and employment security legislation at the federal level, such as the Matthew Shepard Act, now in the House-Senate conference process, and the recently introduced Employment Non-Discrimination Act.
Murder Most Foul: Transgender Holocaust in the United States
Chicago, IL – The Great Lakes Regional Editor of EDGE reports that the slaughter of transgender persons in the United States has already gone 12 per cent higher than last year at this time, and the grim statistics are growing. Joseph Erbentraut, in his important essay, “Violence Against the Transgendered Only Getting Worse,” published on edgeonthenet.com, notes that the silence and invisibility common to LGBT hate crime murders is intensified for transgender Americans. As in the case of Paulina Ibarra, the lives of transgender victims are often ignored until a more culturally sensational aspect of the crime surfaces, as it did in the August stabbing death of the East Los Angeles Latina transwoman when a known parole jumper surfaced as a “person of interest” in the investigation. Until then, Ibarra’s brutal murder was largely neglected, even by the LGBT press, and her life has been reduced to a string of seamy innuendoes and a few glam photos. Other notorious instances this year have been the broad-daylight attack on Ty’lia “Nana Boo-Boo” Mack in D.C. last month, Lateisha Green, shot to death in Syracuse, NY last November, Angie Zapata, bludgeoned to death with a fire extinguisher in Greeley, CO last July, and Duanna Johnson and Ebony Whitaker who died on the streets of Memphis, TN last November and July, respectively. According to Erbentraut, the media are largely to blame for this stunning neglect of one of the most important human rights stories of 2009: “Underreporting from official statistics leaves the issue in the hands of media outlets, which have historically been known for problems identifying victims’ genders through using incorrect names and pronouns,” he writes. “The past year has also seen a number of examples of media programs condoning violence against the community,” Erbentraut continues, “including a radio news program on KRXQ Sacramento which referred to gender dysphoric children as ‘idiots’ and ‘freaks.’ Co-host Arnie States said he ‘[looked] forward to when [transgender children] go out into society and society beats them down…'” While 32 states have some form of hate crime legislation that increases the penalty for violence against LGB people, only 11 have statutes covering their transgender population. Only Brazil, with 80 transgender murders this year, has a larger number of transgender killings than the United States. Until gays, lesbians, and bisexual people and their allies begin to take violence against transgender people, especially transgender people of color, as seriously as they do crimes against themselves, this deplorable trend will surely continue.
Anti-LGBT Hate Crimes Incidents Soar in Minnesota, Milwaukee, and Chicago
More concerning news about increasing violence against LGBT people: Minnesota LGBTs suffered a 48% hike in bias-related hate crimes according to the National Coalition of Anti-Violence Programs (NCAVP) 2008 statistics, issued on Tuesday. This is a confirmation of the multi-year trend queer Minnesotans have recently faced. David Hart on Tips-Q, a gay blog site, shares this information from the North Star State: “We are deeply troubled about the 2008 statistics for a number of reasons including the fact that increases in victimization in the Upper Midwest far exceed the national increase of 2%. With Minnesota’s 48% increase in 2008 and continued multi-year trend of such increases, we are concern for the safety of all GLBT Minnesotans even as we continue to work for equality,” said Rebecca Waggoner Kloek, Anti-Violence Program Director of NCAVP member organization OutFront Minnesota. The same NCAVP report that noted a 28% national increase of hate crime violence against LGBT people in 2008 registered a jump of 64% in Milwaukee, Wisconsin, and a 42% upturn in Chicago, Illinois.
Serial Hate Crimes Against LGBTs Up 63% in Colorado
Denver – In a report by the National Coalition of Anti-Violence Programs issued Tuesday, the numbers of anti-LGBT hate crimes in the Centennial State jumped 63% in one year. Among the 2008 murders of queer folk was the notorious beating-death of 18-year-old Angie Zapata, a transgender Latina living in Greeley. Allen Ray Andrade, a date, repeatedly bashed Zapata with a home fire extinguisher until she succumbed. Andrade’s conviction for murder under Colorado’s Hate Crime Law was a landmark moment, demonstrating to the nation how significant hate crime enhancements can be in penalizing fatal bias-related attacks against LGBT people. Though he used a version of the trans-panic defense to excuse his actions, arguing that Zapata had somehow deserved her death because of “deceiving” him as to her biological gender, Andrade was sentenced to life in prison with no possibility of parole. According to the Denver Daily News, the Colorado Coalition of Anti-Violence Programs (COAVP) expressed concern over the 24% spike in the number of offenders, meaning that multiple perpetrators attacked a smaller number of victims during the past year. This indicates that certain victims of anti-LGBT hate crimes are targeted for violence that unfolds in a spectrum from verbal harassment to physical attack by more than one antagonist. While this disturbing feature of homophobic and transphobic violence had been suspected by gay rights activists, this report in Colorado is the first to confirm their fears. The percentage of victims also rose significantly during 2008. While the nationwide average rise in victims of harassment, bashing, and murder was 2%, the Colorado numbers moved up a full 8%. Added to the increases of reported violent attacks against LGBT people in Minnesota, Michigan, California, and Tennessee, the Colorado hate crimes statistics contribute to a growing sense that a full-scale national trend of increasing harm against members of the sexual minority is in the offing.
WaPo: Anti-Latino/a and Anti-LGBT Hate Crimes Spiral Upward Together
Washington, DC – The Washington Post reports in a late-breaking story that incidents of bias-related crimes against Latino/a people and LGBT people are rising sharply on seemingly parallel tracks, according to FBI findings. In a June 16 article entitled “Hate Crimes Rise as Immigration Debate Heats Up,” Spencer Hsu, reporter for WaPo, writes that officials are concerned about the abrupt rise in violent crimes against both groups: “The FBI reported in October that the number of [total] hate crime incidents dropped in 2007 by about 1 percent, to 7,624. But violence against Latinos and gay people bucked the trend. The number of hate crimes directed at gay men and lesbians increased about 6 percent, from 1,195 to 1,265, the FBI reported.” It should be noted that the actual rise in hate crimes against LGBT people is actually in excess of 28% in the last year, according to the more comprehensive statistics reported by the National Coalition of Anti-Violence Programs. Shrill voices in the media and organization of xenophobic hate groups on the internet are contributing to this alarming trend. Most recently, as Mariela Rosario writes for http://www.latina.com, Minutemen stand accused of the murder of a Latino immigrant family. In a May 30th home invasion attack just now being shared widely in the national media, three members of the anti-immigrant group Minutemen American Defense (MAD) allegedly burst into the Arivaca, AZ house of Raul Junior Flores, 29, and his 9-year-old daughter, Brisenia, and shot them dead. Flores’ wife using a shotgun returned fire, repelling the attackers, and wounding one of them. Shawna Forde, 41, Jason Eugene Bush, 34, and Albert Robert Glaxiola, 42, stand accused of the crime. The stated mission of the Minutemen American Defense is summed up in Forde’s own words, “We will expose and report what we know and find, we will recruit the serious and train the revolutionist, time for words have passed the time for bravery and conviction are now.” The Pima County (AZ) Sheriff’s Department is still investigating. The murder of Flores and his young daughter has sparked outrage among Latino/a rights groups. As The Unfinished Lives Project has previously reported in numerous stories over several months, the tragic

Romel and Diego Sucuzhañay at Brooklyn DA's Press Conference
victimization of Latino and Latina folk, gay, bi, transgender and straight often converges in a terrible way. José Sucuzhañay, and his brother, Romel, Ecuadorans visiting the Bushwick section of Brooklyn, NY were brutally assaulted on the night of December 7, 2008. Hakim Scott, 25, and Keith Phoenix, 28, beat the Sucuzhañay brothers with a beer bottle and an aluminum ball bat shouting slurs at them for their ethnicity and their perceived sexual orientation. The savage attack was apparently motivated by a toxic combined hatred of Latino immigrants and gay people. The brothers, huddled together against the cold, were walking arm-in-arm from a party. Ironically, José, who died from his wounds, and his brother Romel, are both heterosexual. José leaves behind a 10-year-old son, Brian, and a 5-year-old daughter, Joanna, who is living with Down Syndrome. As an attorney for the Sucuzhañay family told the New York Post, “The family has suffered tremendously. It was a brutal murder.” Scott and Phoenix have been indicted for second-degree murder as a hate crime by the Brooklyn District Attorney, and await trial. Often set at odds by “common wisdom” and the media, the Latino/a immigrant community and the LGBT community share a truly common need for unity in the face of irrational hatred of “the other.” The Ecuadoran media covered the crime widely, putting an important face on anti-LGBT hate crimes in the United States.
Anti-LGBT Hate Crimes the Highest Since 1999

Anti-LGBT violence is up 28% in one year
As Stonewall 40 approaches next week, a New York-based coalition of anti-violence programs reports that bias crimes against LGBT people rose 28% from 2007 to 2008. The National Coalition of Anti-Violence Programs (NCAVP) confirms the grim trend Unfinished Lives has been reporting for months: hate crimes against members of the sexual minority are not only higher than at any time in a decade, but the degree of brutality in the execution of these crimes has also intensified. Marcus Franklin of the Associated Press notes for the Huffington Post that the 29 confirmed bias-related murders of queer folk in 2008 reported by the NCAVP matches the number of similar killings it registered in its 1999 report. The Unfinished Lives Project has noted dramatic increases in anti-LGBT murders and assaults since the latter part of 2008 in California, Michigan, Minnesota, and Tennessee, and has highlighted the extreme savagery of these attacks as in the case of 45 stab wounds in U.S. Army veteran Michael Scott Goucher’s murder in East Stroudsburg, PA, and Duanna Johnson’s shooting death in Memphis, TN. The Huffpost article issued today quotes Sharon Stapel, executive director of the New York Coalition of Anti-Violence Programs, which co-ordinates the NCAVP nationally with pointing to an increase of violence during the presidential campaign last fall, as well as ominous increases during the high-profile national debates over same-sex marriage, the possible passage of the Matthew Shepard Hate Crimes Prevention Act, the Employment Non-Discrimination Act (ENDA), and the proposed repeal of the Defense of Marriage Act (DOMA) and Don’t Ask/Don’t Tell (DADT). “The more visibility there is the more likely we’re going to see backlash, and that’s exactly what we see here,” Stapel said. Since the NCAVP reports anti-Transgender hate crimes in distinction from the annual FBI’s hate crimes report that does not, Stapel is able to reference a more accurate picture of the landscape of peril in which LGBT Americans find themselves. Even so, organizations from only 25 of the 50 states report to the NCAVP, indicating that the

Duanna Johnson, Transwoman, murdered in Memphis
actual number of bias-related hate crimes against LGBT people may be much higher. Additional factors arguing for higher numbers of these crimes than are reported by either the NCAVP or the FBI are the stigma and despair often associated with violent crimes against queer women and men. Local law enforcement agencies tend to skew their investigations away from anti-gay or transgender motives as a reflection of the bias rampant in their home locales. Victims often fear exposure and media scrutiny for themselves and their loved ones, and therefore do not report crimes against their persons. LGBT victims are often discredited as sources of reliable information and are routinely blamed somehow for their own misfortune. Finally, as the Unfinished Lives Project has noted in repeated instances, American heterosexism and homophobia have created a climate for LGBT people such that their lives and deaths are valued less than those of other people, causing reports of attacks and murders against them to be far less likely to gain attention.
The high-profile events surrounding Pride 2009 will be a tempting target for hate groups around the country. At no time since the murder of Matthew Shepard in 1998 has the public presence of LGBT people and their allies been more significant than this season.
Tennessee Anti-LGBT Hate Crimes Up Dramatically
The Tennessee Bureau of Investigation (TBI) released statistics on May 28 showing a massive spike in 2008 hate crimes in the Volunteer State, up 38% over 2007. While the largest number of bias-related crimes was against African Americans (a number actually slightly down from 2007), the second largest percentage of violent attacks was against members of the sexual minority–11.8% of the total for 2008. Reported acts of hate violence against LGBT people in Tennessee increased just a whisker shy of 13% over the previous year. The entire report in .pdf format may be viewed by going to the TBI website. The largest category of hate crimes in the 2008 report was bias crimes of unknown motivation. The numbers of anti-LGBT hate crimes almost certainly will rise when more of these crimes yield evidence about the class or group against whom they were perpetrated. The Unfinished Lives Project has previously highlighted the steep rise in attacks on transgender women of color in Memphis. Representative of these brutal crimes was the killing of Duanna Johnson of Memphis, who was murdered in November 2008 after lodging a $1.3 million dollar lawsuit against the city for a savage beating police gave her which was caught on a jailhouse camera earlier in the year.
The Dallas Voice

Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. 

