Unfinished Lives

Remembering LGBT Hate Crime Victims

Transphobic “Bathroom Bill” Introduced in TN Legislature

Nashville, Tennessee – A bill making the use of a bathroom by transgender persons a punishable offense is making its way through the Tennessee Legislation, according to Daily Kos.  Transgender people are put in an insidious double-bind by the proposed bill: if passed, it will fine a person for the use of a restroom if the sex on that person’s birth certificate does not match the assigned sex of the toilet, while Tennessee does not allow for the sex assignment on a person’s birth certificate to be changed.  The “Bathroom Bill” imposes a monetary fine on offenders – $50 – but the fine is the least of the legislation’s harm to transgender people.  As Daily Kos and the Huffington Post point out, this bill would embed structural discrimination against a class of people into state law, much as sodomy laws did before the Lawrence v. Texas ruling of the U.S. Supreme Court struck them down across the nation in 2003.

The Volunteer State has entertained some of the most regressive, homophobic laws in the nation, typified by the reprehensible “Don’t Say Gay” and “License to Bully” bills, and as long as the radical, extremist right wing is in power in the state, the cavalcade of bias-driven laws is unlikely to stop.  The “Don’t Say Gay” bill bans use of the words “gay” or “homosexual” in a Tennessee public school classroom (while, as Signorile says, “pervert” or “sodomite” are fine!) to prevent teaching or discussion about same-sex issues.  The “License to Bully” bill, if passed, would offer protections to students who attack the legitimacy of homosexuality as a normal human variation–in effect offering cover to people who wish to bully LGBTQ students.

In a major national survey issued in October 2011, the first of its kind, transgender people in the United States were shown to be the object of discrimination in every sector of life.  The Report of the National Transgender Discrimination Study, “Injustice at Every Turn,” noted that “It is a part of social and legal convention in the United States to discriminate against, ridicule, and abuse transgender and gender non-conforming people within foundational institutions such as the family, schools, the workplace and healthcare settings, every day.”  This amounts to a colossal moral failure in American life, and the Tennessee bill is of a piece with this systematic and structural bias-attack on transgender people.

The ACLU decries anti-transgender “bathroom bills,” seeing such laws as fundamentally violating non-discrimination laws.  Social advocacy groups within the state, such as the Tennessee Transgender Political Coalition (TTPC), are opposing the bill, which was introduced by State Senator Bo Watson (R) to make Tennessee, in the words of Think Progress, “a particularly unfriendly place for transgender people.” The text of the “Bathroom Bill” may be accessed here.

As transgender advocate Ryan Sallans, writes in his popular blogsite, “I’m thinking of all you folks down in Tennessee. When is this sh*t going to stop? I just wish politicians didn’t exist, the world would be a better place. Communities should just sit down and talk, get to know each other, respect their differences and understand we all are just trying to live and make it mean something in a challenging world.”  When will the sh*t stop, indeed! (Thanks for links to Dr. Jason Lamoreaux).

January 12, 2012 Posted by | Bullying in schools, gay teens, GLBTQ, harassment, Heterosexism and homophobia, Lawrence v. Texas, LGBTQ, Social Justice Advocacy, Tennessee, transgender persons, transphobia, U.S. Supreme Court | , , , , , , , , , , , , , , | Comments Off on Transphobic “Bathroom Bill” Introduced in TN Legislature

Gay Couple That Changed the World: John Lawrence and Tyrone Garner Remembered

Tyrone Garner (l) and John Lawrence celebrate Lawrence v. Texas.

Houston, Texas – Lawrence v. Texas, set in motion by a couple of accidental gay activists, broke the back of anti-sodomy laws in the United States. What they did amounts to the “Brown v. Board of Education for gay and lesbian America,” according to Harvard constitutional law expert, Laurence Tribe.  Yet when John Geddes Lawrence, aged 68, died on November 20 of heart disease at his home in Houston, no mention of the landmark Supreme Court decision was made in the obituary or at his funeral.  Tyrone Garner, the other half of this remarkable couple, had preceded Lawrence in death back in 2006. Only when a lawyer in the case, Mitchell Katine, called Lawrence to invite him to a ceremony commemorating the law-changing decision, did he receive word of Lawrence’s passing from his life-partner, according to the New York Times.  Katine let the rest of the world know that an inadvertent giant in the struggle of LGBTQ equality had died.

Lawrence and Garner were arrested on September 17, 1998 for sodomy in a private home by Houston Police.  The police had been called in to investigate a false weapons report by a jealous former lover of Lawrence’s, who admitted he had falsified the report as an act of revenge. Nonetheless, the arrest went down, and Lawrence and Garner, who had hooked up earlier that day, were thrust by events upon the stage of history.  Lawrence was angry at the arrest, feeling that his privacy had been violated unjustly. That anger was a fire in his belly that saw the case through lower courts to the U.S. Supreme Court for its decisive ruling of June 2003, striking down anti-sodomy laws in fourteen states.  Writing for five of the six Justices on the prevailing side, Justice Anthony Kennedy declared, “The petitioners are entitled to respect for their private lives. The state,” he continued, “cannot demean their existence or control their destiny by making their private sexual conduct a crime.”  A compilation of documents and the text of Lawrence v. Texas, provided by Justia.com, the U.S. Supreme Court Center, may be accessed here.

We cannot overestimate the significance of John Lawrence and Tyrone Garner’s decision to fight back against an unjust law.  So much hung in the balance. They were not professional activists, the rainbow-flag-waving kind.  They were simply two gay men, attracted to each other, whose right to privacy was trampled by a legal system that upheld a heterosexist status quo.  One black, one white, this gay couple set the wheels in motion for every forward step in human rights since 2003: the passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, the repeal of Don’t Ask, Don’t Tell in 2010, and its full implementation by the Joint Chiefs of Staff, the Secretary of Defense, and President Barack Obama in 2011, and the whole raft of same-sex marriage laws passed on the state level around the nation.

Professor Dale Carpenter, who wrote a recent book on Lawrence v. Texas, interviewed John Lawrence.  In conversation, this unassuming naval veteran and obstinate gay man asked Carpenter, “Why should there be a law passed that only prosecutes certain people? Why build a law that only says, ‘Because you’re a gay man you can’t do this. But because you’re a heterosexual, you can do the same thing’?”  Tyrone Garner told the Houston Chronicle in 2004 that he took quiet pride in the role he played in history.  “I don’t really want to be a hero,” Garner said. “But I want to tell other gay people, ‘Be who you are, and don’t be afraid.’ ”

Sometimes a couple of men get mad, and dig in, and the world changes.  That is what the LGBTQ community owes John Lawrence and Tyrone Garner. Because of their courage, the United States justice system has changed forever.

December 26, 2011 Posted by | African Americans, Anglo Americans, Don't Ask Don't Tell (DADT), gay men, GLBTQ, Hate Crimes, Heterosexism and homophobia, Law and Order, Lawrence v. Texas, LGBTQ, Marriage Equality, Matthew Shepard Act, Remembrances, Repeal of DADT, Social Justice Advocacy, Texas, U.S. Supreme Court | , , , , , , , , , , , , , , , , | 2 Comments