Bill Obstructing Federal Protections for LGBT Oklahomans Passes OK Senate
Oklahoma City, OK – A controversial bill limiting what law enforcement may do to investigate and prosecute hate crimes against LGBT residents of Oklahoma passed the State Senate this Thursday. The bill, SB 1965, passed the upper house 39 – 6, and now goes on to the Oklahoma State House of Representatives. According to the OUDaily, SB 1965 would prohibit local and state law enforcement agencies from sharing information about hate crimes with federal authorities if the state of Oklahoma did not recognize the crime as a hate crime by its own statutes, thereby effectively opting out of federal protections for LGBT persons in the Sooner State. John Wright of the Dallas Voice writes that the originator of the legislation, State Senator Steve Russell (R-Oklahoma City) proposed the bill because he contends that the James Byrd, Jr. and Matthew Shepard Hate Crimes Prevention Act, passed by both houses of Congress last year and signed into law by President Obama, oversteps the bounds of what the federal government may do and abrogates freedom of speech and freedom of religion. Russell, who equates sexual orientation with necrophilia, said to the press that he was concerned that a religious leader could be blamed for inciting violence against LGBT people and charged with a hate crime under the provisions of the Shepard Act. The attachment of the Shepard Act to a Defense Appropriations Bill also upset Russell, who once served as a lieutenant colonel in the U.S. Army. The Oklahoma LGBT community was swift to condemn the passage of the State Senate Bill, and drew attention to the dire consequences of the enactment of the provisions of the bill into law. The Equality Network (TEN) issued a statement Thursday from President Kathy L. Williams: “Senator Russell’s bill is truly terrifying in its implications. This legislation sends the message that violence against LGBT Oklahomans is acceptable. It also sets a chilling precedent that Oklahoma will only enforce certain federal laws and cooperate only with selected federal agencies. We believe this unconstitutional and blatantly discriminatory bill will harm all Oklahomans, regardless of their identity and regardless of whether they are victims of hate crimes.” The Metro Star reports that the only thing standing in the way of this legislation becoming law will be refusal in the House or a veto by Governor Brad Henry. The State House of 101 representatives is controlled by the Republican Party, 61 to 40. Governor Henry is a Democrat.
Judge Puts Off Murder Trial of Gay Puerto Rican Teen’s Confessed Killer
San Juan, Puerto Rico – In a controversial move, a Puerto Rican judge has postponed the murder trial of Juan José Martínez Matos (pictured at left) who confessed to the grisly decapitation, dismemberment, and immolation of the body of 19-year-old Jorge Steven López Mercado in November 2009. In the intervening months since his arrest, Martínez Matos has claimed gay panic and childhood sexual abuse as rationalizations for the murder he says he committed when he “discovered” that the gay teen was homosexual during a tryst. A psychiatric examination has deemed Martínez Matos competent to stand trial for the crime. EDGE reports that Judge Myriam Camila Justino announced on March 8th Juan José Martínez Matos’ trial would begin in Caguas on April 14th, not on March 30th as previously announced. No reason was given in the press for the postponement. López Mercado’s horrific murder, arguably the worst anti-LGBT hate crime in Puerto Rico’s history, has served as a magnet both for homophobic/heterosexist prejudice and for social justice advocacy on behalf of the LGBT population on the island. Law enforcement officers intimated to the press that the gay teen somehow got what he had coming to him because of his sexual orientation, comments that ignited a firestorm of protest both in Puerto Rico and on the U.S. mainland. Attempts to besmirch the slain teenager’s character, thereby lessening the sympathy of the public for his killing, were made early on in the reportage surrounding the case. Most recently, details of López Mercado’s alleged drug use and sex work have been brandished in the press. Social action advocates for human rights such as Pedro Julio Serrano have repeatedly beaten back such character attacking tactics by reminding the public that the slain teenager is not on trial here–his alleged murderer is. Politicians in the United States from the U.S. Congress and from New York city and state governments have traveled to Puerto Rico in recent months to focus attention on the plight of LGBT people in the U.S. Territory, and to express solidarity with the victim’s family. Large protests have been staged in San Juan and in cities around that nation such as New York, Chicago, San Francisco, Atlanta, Dallas, Boston, and Washington, D.C. The passage of the James Byrd, Jr. and Matthew Shepard Hate Crimes Prevention Act in October has set the stage for violence against LGBT people in Puerto Rico to be investigated in more effective ways than ever before. Though a Puerto Rican law made violence against LGBT people there illegal, no one has ever been prosecuted under the provisions of the law until this case. It remains to be seen if the power of cultural phobias and traditional religious antipathy to LGBT people will significantly impact the outcome of this trial. But first the defendant must have his day in court, barring his petition to avoid a jury trial altogether.
BB Gun Attackers Face Hate Crimes Charges in San Francisco
San Francisco, CA – Three cousins from Hayward are being charged with a hate crime for shooting a gay man in the face with a BB gun because they assumed he was a homosexual. The Oakland Tribune reports that Mohammad Habibzada, 24, Shafiq Hashemi, 21, and Sayed Bassam, 21, saw a man standing outside a gay bar around 10 p.m. on February 26th in the Mission District of San Francisco smoking a cigarette. They opened fire with a air rifle, hitting him in the face. BB shot struck the victim in the cheek. He was not seriously hurt, but as Assistant District Attorney Brian Buckelew noted to the Tribune, “Here we have a guy, shot in face with BB gun, who could have easily been shot in the eye.” The victim got a clear look at a silver Volvo and reported the attack to police, who arrested the suspects within 15 minutes of the crime thanks to the description of the vehicle. The alleged attackers had videoed the assault, and their handiwork is in the hands of police as evidence. According to Buckelew, the video also includes evidence of similar crimes that are now under investigation. Under police interrogation, the three suspects, all cousins with Hayward addresses, admitted that they chose their target because they thought he was gay. The trio are facing three felony counts including assault with a deadly weapon with a hate crime enhancement, discharge of a firearm with gross negligence, and attempted mayhem. They are also charged with a misdemeanor, violating the civil rights of their victim. As the Tribune reports, all three suspects are now out of custody, each having posted a $50,000 bond. They are scheduled to be arraigned Friday, when the district attorney will request bail be raised to $100,000 because of the severity of the charges against them. Other victims are in the video seized by police, representing several other crimes the trio may have committed. The Assistant District Attorney said that there could be other charges against the three cousins if victims seen on the video come forward.
Austin Rallies Against Downtown Anti-LGBT Hate Crime
Austin, TX – The safety of LGBT folk in the Texas capital remains in question as University of Texas students and native Austinites struggle with the events of February 20. That night, two young gay men wearing Shady Ladies athletic jerseys were assaulted by four African American men shouting anti-gay slurs at them as the pair walked from one of Austin’s most popular gay bars to their car, parked near City Hall. The attack struck Emmanuel Winston and Matt Morgan from behind. They were brutally beaten and left on the sidewalk bleeding. News of the assault has shaken Austin, which prides itself with a progressive reputation in the Lone Star State. Though the investigation is ongoing, police are not yet able to label the attack a hate crime because of the peculiarity of Texas law. Until an arrest has been made and a defendant is prosecuted, a crime cannot be called a “hate crime” under state statutes. That is not stopping the supporters of the two gay men who were assaulted, however, according to News 8 Austin. Jeff Butler, a friend of the targeted men, said, “They were followed, attacked from behind, and brutally beaten by four men who uttered slurs. I don’t care how much lipstick you put on that pig. We will not allow you to cover this hate crime up.” Austin Police Chief Art Acevedo told reporters, “I think we have to finish the investigation first to see what the totality of the facts, evidence and circumstances are.” Acevedo then joined over 1,000 marchers as Winston and Morgan led the crowd from Oilcan Harry’s, the bar they visited that night, to the site of the attack. The Shady Ladies, an LGBT friendly softball team, wore their distinctive pink and blue jerseys and brandished a banner reading, “Austin March Against Hate.” The Daily Texan, UT’s student newspaper, reports that Glen Maxey, the first openly gay legislator in Texas history, expressed concern about the meaning of the attack. Though anti-LGBT hatred was widespread in Texas twenty years ago, for such an attack to occur on the streets of Austin in 2010 is alarming to the gay rights pioneer. “This is supposed to be behind us,” Maxey said. A low-resolution camera caught the suspects on video, but because of the condition of the images, they could not be identified. City officials are debating whether to increase the number of high-resolution surveillance cameras on city streets as a possible way to deter such crimes. City Councilman Mike Martinez told The Daily Texan that the city had applied for federal funds to place more anti-crime cameras on the streets, but the feds denied the request. Voicing his hope that the news of this crime will thaw up federal money, Martinez remains skeptical about stemming the tide of hate violence through technology alone. “A camera can only take a picture of ignorance,” Martinez said. “It’s not going to cure it.” For now, citizens of the Texas capital city are not so much concerned about “Keeping Austin Weird” as they are about keeping the streets of Austin safe.
Billy Jack Gaither Humanitarian Award Given to Birmingham Human Rights Champion: Hate Victim Remembered
Montgomery, Alabama – David Gary, a noted bank officer and dedicated LGBT activist well-known throughout Alabama, was awarded the Third Annual Billy Jack Gaither Humanitarian Award on Sunday, February 21, 2010. Mr. Gary is a master networker, and a true humanitarian. He is one of the founders of Integrity Alabama, the LGBT Episcopal advocacy group. The award was officially conferred during the 12th Annual Vigil for Victims of Hate and Violence, held on the steps of the state capital to commemorate the murder of Billy Jack Gaither of Sylacauga. Gaither, a gay man, was bludgeoned to death with an axe handle on the banks of Peckerwood Creek by two homophobic assailants on February 19, 1999. His body was burned like trash on a pile of tire carcasses. Both of his murderers remain in prison serving out their sentences. The Gaither murder, one of the most heinous anti-gay hate crimes in Alabama history, made news throughout the United States. Though Mr. Gary could not be present for the presentation because of a bout of ill health, his remarks were conveyed to the crowd. They are published here, in full: “I was very humbled when hearing of the honor given me by this group today and deeply regret not being able to attend. My life has changed and been dramatically enriched through my association of many, both here and absent, who have worked tirelessly for decades to ensure people who have fallen to hate did not die in vain. There are times when tragedy opens doors of association that we would have never known before. My friendship with Kathy Gaither is golden to me, as was my friendship with Ken Baker and the numbers of like-minded people he introduced me to. From Ken, Marshall Johnson and the Rev. Tim Holder, I learned the need of quick response and coordinated action. A more recent association is with the Rev. Dr. Stephen Sprinkle, associate professor of practical theology at Brite Divinity School, Fort Worth, Texas who has been researching LGBT hate crimes. Dr. Sprinkle visited Alabama to prepare his anthology of stories for his upcoming book, Unfinished Lives: Reviving the Memory of LGBT Hate Crimes Murder Victims. From him, I learned the importance of never, never, never allowing the stories to disappear. These horrific stories are very important and must not be forgotten. There are so many others we can discuss, but the important thing to remember, in my opinion, is threefold: The work we do here is important, sacred and necessary. It is important because we should never ever allow the stories and memories of those who are victims to be forgotten. It is sacred, because of how we reverently assemble to not allow them to be forgotten. Unfortunately, our work remains necessary because we all know that any morning we may awake to the news of yet another person how has fallen to hate. Extremism still exists and we can not stop our work as long as its ugliness lives among us. I invite all here to find the place to put your talents to work in the advocacy necessary to prevent yet another Billy Jack Gaither, whose name this award carries, along with the memory of many others, both with us and deceased.” Upon hearing the news of Mr. Gary’s selection for the Billy Jack Gaither Award, Dr. Stephen Sprinkle, Director of the Unfinished Lives Project, said, “The reason Billy Jack’s important story has not been forgotten is due in large measure to the tenacious advocacy of a small group of dedicated humanitarians and human rights activists in Birmingham, Tuscaloosa, and Montgomery. David Gary is a key figure in this group: strong, trusted throughout the state of Alabama, and dedicated to ushering in a better world for LGBT people and everyone else. No one is more deserving of this honor than Mr. Gary.” The sponsors of the vigil in Montgomery were Alabama NOW, Color It Pride, Equality Alabama, Immanuel Presbyterian Church (Montgomery), New Hope Metropolitan Community Church, PFLAG (Parents, Friends, and Families of Lesbians and Gays) Montgomery, and the Unitarian Universalist Fellowship of Montgomery. Keynote speaker for the event was Dr. Gwynedd A. Thomas, the first openly intersexed or transgender faculty member at Auburn University.
Gay Brazilian Granted Asylum By Homeland Security: Hope Now For Uganda?
New York City – A gay Brazilian man has been granted asylum in the United States on the grounds that deportation to Brazil would threaten his life. Columbia University’s Sexuality and Gender Law Clinic won asylum for Augusto Pereira de Souza, 27, from the U.S. Department of Homeland Security in a move that may bring hope to thousands of Ugandan LGBT persons in the event that the odious “Kill the Gays Bill” becomes law in Uganda. The news highlights the danger LGBT people face in Brazil. According to Grupo Gay da Bahia (GGB), the largest LGBT rights organization in Brazil, between 1980 and 2009, there were 2,998 murders of LGBT people in Brazil. In 2008, 190 such murders were reported, though the GGB notes that since many crimes against LGBT people go unreported in Brazil, the actual number of people who lost their lives because of their sexual orientation is likely much greater. Calling his decision to petition for asylum in the United States “a matter of life or death,” Augusto Pereira de Souza told reporters, “In Brazil, I lived in constant fear for my life. I tried to hide that I was gay, but still faced repeated beatings, attacks, and threats on my life because I was gay. At times I was attacked by skinheads and brutally beaten by cops. After the cops attack you and threaten your life for being gay, you learn quickly that there is no one that will protect you.” He will now live openly as a gay man in Newark, New Jersey, where he had lived for some time hiding his sexual orientation. Pereira de Souza’s writ of freedom is thanks to the tireless legal work of three students from Columbia Law School’s Sexuality and Gender Law Clinic, Rena Stern, Brian Ward, and Mark Musico. The trio of law students worked on the case since last September under the direction of clinic director, Dr. Suzanne Goldberg. In a statement reported by The Advocate, Ward said, “In Brazil, police routinely fail to investigate violence committed against GLBT individuals. In this environment, skinheads and other groups are free to persecute, torture, and even kill GLBT individuals with impunity.” Stern, who also assisted with Pereira de Souza’s case, said attacks and murder based on sexual orientation in Brazil appear to be on the rise there. “Mr Pereira de Souza’s story is unfortunately not unusual for a gay man in Brazil.” Such a grant of asylum is rare, largely because of the time and expense necessary to file the application and see it through the process of vetting to make sure that actual danger is truly probable for the asylum-seeker. Individuals must first make it into the United States even to apply, a significant hurdle for foreign LGBT people from countries in the developing world, such as Brazil and Uganda. For Ugandan LGBT people living in fear for their lives in a country where Parliament is debating the enactment of a law making homosexuality punishable by the death penalty, the decision to grant the Brazilian asylum is potentially life-saving news. President Obama and Secretary of State Clinton have spoken out against the “Kill the Gays Bill” as recently as their appearance at the right-wing sponsored National Prayer Breakfast last Thursday in the nation’s capitol. Should the Ugandan Parliament enact the bill into law, gay Ugandans could face a death sentence, their families and friends could be imprisoned for as much as seven years, and even landlords who rent to homosexuals could face jail time. Now, with the Pereira de Souza decision, the door to freedom and life in the United States is opened just a crack for LGBT Ugandans, but it is much more than they had even a week ago.
Threatening Postcards to Gay Profs Ignite Investigations
San Marcos, CA – Authorities for the county, state, and federal governments launched a co-ordinated investigation last week into menacing postcards being sent to three gay Palomar College professors. Since mid-2008, 20 postcards threatening murder have been sent to the trio, with 1o of these targeting Dr. Fergal O’Doherty, an open and out gay man who teaches English at the San Marcos campus. O’Doherty said that FBI agents had contacted him on January 21, informing him that they are carrying out an investigation. Sending threats through the U.S. Mail is an automatic federal offense. O’Doherty told Morgan Cook, staff writer for the North County Times, that the cards sent to him have included images of sexual violence and death, the most disturbing of which showed skeletons engaged in sex acts with a repetitive caption reading “I’m glad I’m not dead” 10 times. The tenth caption omitted the word “dead.” One of the most recent cards Professor O’Doherty received shows a collage of pop culture images, a Nazi swastika, and a drawing of Elvis Presley sporting devil’s horns. The caption on this postcard reads, “I want to go to Hell like Elvis.” Authorities have not yet determined that these cards constitute a hate crime, but colleagues on the Palomar College campus are not waiting for such a determination. They have founded a group to raise awareness of hate crimes and combat them before they are acted out, called the Palomar College Committee to Combat Hate. Members of the group are committed to the human rights of LGBT people on the campus. O’Doherty says that since he is one of the few openly homosexual professors at the 30,000 student community college, located 30 miles north of San Diego, his sexual orientation is probably the magnet for the hate mail. From the variety of academic and pop culture icons incorporated into the cards, some as eminent as singer/songwriter Leonard Cohen and author Ernest Hemingway, but also including relatively obscure philosophers, O’Doherty speculates that the person creating them is intelligent, well-read, and dangerous. “[The card-creator] mentions works by writers and philosophers that aren’t even assigned in undergrad classes,” he told the North County Times. While this is not the first time O’Doherty and other gay faculty have been harassed for their sexual orientation, this is the first time officials have taken the threat seriously. Even then, when the postcards started appearing, campus police refused to act, apparently believing that they were written by a harmless crank. With over 13,000 documented violent crimes perpetrated against LGBT people throughout the nation in the decade prior to the passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act in October 2009, and spiking numbers of anti-LGBT hate crimes in California where Proposition 8 and Marriage Equality are such hotly contested issues, the decision to launch an investigation is more than prudent on the part of law enforcement. Prevention is possible only when the menace is taken seriously. That is exactly what Professor O’Doherty knows to be true, as he shows his most recent death threat by mail to the press.
Arrest Made in Lesbian Stabbing Case
Buffalo, NY – From prosecution witness to defendant, all in one day. That’s how it went down when Buffalo Police arrested Susanna Deanna Glover of Tonawanda last week, charging her with stabbing a lesbian in the eye on New Year’s Eve outside a popular gay bar. Glover, 21, was taken into custody just hours after testifying against a man who shot her boyfriend to death right before her eyes in April 2009. Glover’s testimony helped jurors convict Jerome Thagard, 17, of the murder of Glover’s lover, Stephen Northrup, who was 31 at the time of his death. After her boyfriend’s murder, Glover moved to Florida where she now lives, returning to Buffalo for the express purpose of testifying against Thagard. The verdict in the Northrup case was handed down Monday evening. By that time, Glover was under arrest for the stabbing, which law enforcement authorities are calling a hate crime. The attack on Lindsay C. Harmon, 29, along with the murder of Christopher Rudow, a 32-year-old gay man, has rocked the Buffalo LGBT community in recent weeks. Glover allegedly attacked Lindsay Harmon outside Roxy’s, an LGBT nightclub, stabbing her in the left eye while yelling homophobic slurs. A grand jury will have to make the determination whether the charges against Glover for the attack warrant a hate crime designation, based on their judgment of Glover’s motivation for the attack. According to WIVB News 4, Glover attempted to hide her face from cameras as she was hustled into a city courtroom to face a judge. Harmon also attended the proceeding to get the first glimpse of her attacker since New Year’s, white bandaging prominent on her right eye. Some vision is returning to Harmon, according to her father, Michael Harmon, who told reporters for News 4 that his daughter still had a long way to go before full health would be restored to her. “It’s gonna be a long time and some more surgery,” he said. Glover has retained her own attorney, so the trial has been pushed back to later in February.










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. 

