Anti-LGBT Junk Suit Fails Against Shepard Hate Crimes Law
Washington, D.C. – Human Rights Campaign Back Story reports that a suit brought against the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act failed in the U.S. District Court of Eastern Michigan. The suit, put forward by Michigan pastors and the American Family Association of Michigan, challenged the constitutionality of the Shepard Act in February of this year. Among its claims, the suit alleged that the Shepard Act forecloses on the free exercise of fundamental rights of those who “publicly oppose homosexual activism, the homosexual lifestyle, and the homosexual agenda.” Further, the law suit argues that the Shepard Act creates “thought crimes” and “is an effort to eradicate religious beliefs opposing the homosexual agenda.” The three Michigan pastors claimed that the law had chilled their rights under the First Amendment, the Tenth Amendment, the Equal Protection Clause, and the Commerce Clause. U.S. Attorney General Eric Holder called upon the court to dismiss the case, arguing that the Shepard Act does not violate the rights of Americans, and was passed to protect LGBTQ people in this country from physical violence, not thought or speech. The judge hearing the case agreed with Attorney General Holder, and dismissed the case as meritless on all counts on September 7.
Execution-Style Murders Plague Atlanta Black Gay Pride
Atlanta, Georgia – Two gay black men attending last weekend’s Atlanta Black Gay Pride were found shot to death “execution-style” on Sunday night in southeast Atlanta. The Advocate reports that the victims, Calvin Streater, 26, of Atlanta and Samuel Blizzard, Jr., 21, of Spring Cove, Virginia, were discovered by a friend at the Richmond Hill Apartments at approximately 10 p.m.. Blizzard was a student at Georgia State University. Atlanta police said that one man was found in a front room and the other in a bedroom in the apartment. Both of the victims had been shot in the back of the head. At this point in the investigation, the Atlanta Police Department is not yet ready to classify the murders as hate crime killings. As an investigator for the APD told The Examiner, “The men were at a Black Gay Pride event at some point during the day…We do not know if their sexual orientation played a role in the shooting deaths.” Police surmise that the men knew their killer, since there was no evidence of a break-in, and Richmond Hill is a gated facility. Others suggest that the killer or killers could have gained entrance to the complex on foot when a car was buzzed in by other residents. The Atlanta Black Gay community is up in arms, and is demanding answers. In the days prior to Atlanta Black Pride, one of the major organizers of the event, Durand Robinson, also a gay black man, was gunned down on a street in southwest Atlanta. His body was found in the middle of the street with a gunshot wound to his chest. EDGE reports that Robinson’s murder has not yet been classified as a hate crime killing, since police are operating on the theory that Robinson was murdered in a car-jacking incident. The slayings of three gay men associated with Atlanta Black Gay Pride have marred the Labor Day weekend event, which is billed as the largest gathering of LGBTQ black people in the world. The state of Georgia does not have an anti-LGBT hate crimes law on the books. These recent murders have made the debate over such legislation more urgent. No arrests have been made in any of these cases. Commenting on the lack of hate crimes legislation in the state, Carlos Campos, spokesperson for the Atlanta Police Department, told the Examiner, “In March 2006, the Georgia Senate reinstated a hate crime bill in the state, but after much debate, the House deleted provisions that specified hate crimes as those committed because of the victims’ sexual orientation, race, gender, religion or ancestry to naming the only offenses committed “because of bias or prejudice.” Vigils have been held in memory of the victims, and more activism on their behalf is sure to follow.
Gay Bashing in Savannah “Not A Hate Crime”
Savannah, GA – The Chatham County District Attorney will not charge two U.S. Marines who gay bashed a man in June with a hate crime. EDGE reports that the Marines, Keil Cronauer, 22, and Christopher Stanzel, 23, will face misdemeanor battery charges in court on September 9. On June 12, a gay man, Kieran Daly, was assaulted, cursed for being gay, and left in a state bad enough that his friends administered emergency CPR to jumpstart his pulse. Cronauer accused Daly of “winking” at him, which the victim strongly denies. Stanzel allegedly delivered the blow to the back of Daly’s head, giving him a bruise on his brain. The blow is what the DA, Alicia Johnson, is calling “a punch,” and she cannot bring herself to move the charge from a misdemeanor to a felony since the victim had no “sustained injuries.” DA Johnson told the GA Voice that FBI agents had reviewed Daly’s medical records, and found “no merit” in categorizing the attack as a hate crime. “I can’t speak on the specifics because this is pending litigation, but for a crime to be considered a felony [which a hate crime is considered to be] there has to be proof of a sustained injury,” Johnson said. If convicted of misdemeanor battery, the Marines would face no more than a year in jail and a fine of no more than $1200. The state of Georgia has no statute protecting its LGBT residents from hate crimes. The key to prosecuting the Marines was always the implementation of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that President Obama signed into law last October. The ruling of the FBI, coupled with the familiar reluctance of local law enforcement to prosecute anti-gay violence in Savannah, seems to have put the Marines out of the reach of justice for now. Both Marines were rushed from the Chatham County jail to the custody of military police shortly after being arrested in June. Georgia Equality and other allies of the LGBTQ community have rallied to protest this avoidance on the part of officers of the law charged to protect the community. As the Voice reports, numbers of LGBT activists and allies met in Johnson Square in the historic district of Savannah, Ga., back on June 20 to express their outrage over the alleged beating and to call for Georgia to pass a state hate crimes law. Now, the Executive Director of Georgia Equality Jeff Graham is calling for the Justice Department to revisit the crime, in hopes that the attack will finally be ruled a hate crime. “I’m very concerned this happened in the first place. But these misdemeanor charges are outrageous,” Graham said. “And then to turn [the Marines] over to the military police is a miscarriage of justice.” The LGBTQ community in Savannah is questioning at what point can an attack on a person because of perceived sexual orientation be considered a hate crime. Does it take two blows? A maiming? God forbid, a murder?
Second Sentence in NY Hate Crime Murder: Phoenix Gets 37 Years to Life
Brooklyn, NY – Keith Phoenix won’t be on the street again for a long time: 37 years to life, for the brutal hate murder of José Suchuzhañay in December 2008. Phoenix wielded an aluminum baseball bat at the Ecuadorian immigrant’s head. In a later remark to police, Phoenix exhibited the callous attitude behind the murder: “So I killed a guy,” he said. “Does that make me a bad person?” The jury convicted him in early August of a hate crime as well as of murder, taking into account the defendant’s homophobic and anti-Hispanic remarks at the time of the slaying. His accomplice, Hakim Scott, received a 37 year sentence earlier in the year for his role in the attack and murder. The murder of Suchuzhañay enflamed the LGBTQ community and ignited an international outcry. Suchuzhañay had lived in the United States for over a decade, and was a legal resident. Though the victim was not gay, his assailants believed he was–another in a long line of incidents demonstrating the lethal potential still at work against the LGBTQ population in America. The Ecuadorian community in the United States has expressed some satisfaction with the verdicts against their countryman’s slayers, and has called for continued vigilance as immigrants are targeted for discrimination and harm. Diego Suchuzhañay, José’s brother, said to CNN, “Our brother wanted to make history when he died, and he did already. We should be proud of him. The way he died, we should be proud of him.”
Historic Decision in San Francisco Overturns Prop 8!
San Francisco, CA – in a landmark decision, Judge Vaughn Walker of the federal bench handed down a keenly anticipated decision yesterday ruling Proposition 8, the 2008 plebiscite on same-sex marriage unconstitutional. Walker found for the plaintiffs in the case, two same-sex couples, that barring their marriage under the provisions of Proposition 8 is a violation of their due process and equal protection rights under the U.S. Constitution. The attorneys for the plaintiffs, conservative Republican and former Solicitor General of the United States, Ted Olson, and liberal Democrat, David Boies, who once opposed each other during the court battle over the election of George W. Bush in 2000, joined forces to argue to this conclusion. On the Wednesday edition of the Rachel Maddow Show, Olson and Boies stated that “Equality is both a conservative and liberal issue.” Their work to press for the overturn of the California law demonstrates that millions of allies for LGBT human rights are working alongside the gay community to win against discrimination in the United States. The opposition has pledged to appeal the decision, which will ultimately go to the Supreme Court. Pundits have preliminarily declared that Judge Walker, a President George H.W. Bush appointee to the federal bench, has done a powerful job of establishing the facts of the case–over 80 findings of fact that will make it hard to overturn his decision on appeal. The Unfinished Lives Project is watching the effect this surge in publicity will have on hate crimes attacks against LGBT people in California and around the nation. There is a well-established correlation between increased visibility and media coverage of LGBT issues, and violent backlash against vulnerable gay folk. This landmark decision moves the LGBTQ community one step closer to a more peaceful, equal life for all the citizens of this republic. The ruling, amounting to 138 pages, is a tour de force of judicial precision. It is a page turner and worth reading in its entirety. The entire decision may be found in .pdf by following this link: https://docs.google.com/fileviewid=16CwOdcVWzEocsoGYqbeC0s22vr6bX8udtW3iUe1ol1UZsFRqE3EglP4oFnm4&hl.
Gay Methodist Preacher and Boyfriend Attacked in Atlanta
Piedmont Park, Atlanta, Georgia – A gay United Methodist minister and his boyfriend were attacked and robbed on July 2 at at picnic in the park. Rev. Josh Noblitt, 32, Social Justice Minister at St. Mark United Methodist Church, and Trent Williams, 25, were just finishing up their picnic and had started playing cards when six young men approached the couple asking if they were gay. Jarvis Johnson, 19, Sam Johnson, 18 and four other males between the ages of 13-17 allegedly began threatening them at that point, saying “Y’all gay? We ought to beat y’all for that.” Then three members of the gang physically attacked Noblitt and Williams, demanding money. One of them wielded a large stick, according to The Examiner. Noblitt and Williams proved not to be the easy marks their robbers expect two gay men to be. Williams, Noblitt’s partner, knew karate and kicked the assailants in the face. Thwarted, the attackers fled, and Rev. Noblitt called 911 to report the attack. Then, “out of nowhere,” as Noblitt said to the GA Voice, 8 to 10 youths rushed up to surround the pair. At one point, one of the assailants pressed a loaded pistol to Rev. Noblitt’s head. Hearing sirens, the gang broke off the attack and attempted to escape. When Atlanta Police arrived on the scene, they found some of the youths hiding behind a building, and six suspects were rounded up. The two adults were arrested and are being held in the Fulton County Jail Atlanta PD sources say that the suspects were also involved in a series of robberies in and around the park. As the minister said to the GA Voice, “Sometimes we live in a bubble, but right here in Midtown a hate crime can happen.” Rev. Noblitt, an ordained deacon in the United Methodist Church, has wrestled with the meaning of what happened to him and his lover in the park. In an open letter to the St. Mark congregation read to worshippers on July 11, he said, “Over this past week, I have spent a lot of that time thinking about the young men I encountered in the park, and I am sure they have thought a lot about me. I wonder how people so young could have found themselves in a position to make the decision to assault and rob people that they perceived to be gay and not think through the harm that it would cause to us, to the community and to themselves.” Noblitt went on to say, “Do they really hate me and people like me? Or do they merely think that we are easy targets? What led them to ask us if we were gay and then to conclude without even waiting for a response that we should be beaten for that? Would they still have approached us if we had been a man and a woman? Would they still have approached us if we were two men of the same race? Where did they even get these ideas in the first place?” The full text of the open letter may be seen here. What amounted to be a very close call for the couple could easily have taken a lethal turn. Rev. Noblitt continues to rely on his faith to make sense of the assault, and to put his life back together again, as the young African American men face the legal system. It is not clear whether this attack will be investigated as a hate crime.
Gays Murdered at 2nd Highest Level in a Decade
New York, New York – Anti-gay hate crime murders reported for 2009 spiked up to the second highest level in a decade, according to the recent Hate Crimes Statistics Report of the National Coalition of Anti-Violence Programs (NCAVP). The press release in its entirety may be found here. 22 murders of LGBT people were reported by law enforcement agencies around the nation last year. Communities of color and transgender persons were the hardest hit, a grim trend to watch carefully in the coming months. 79% of anti-gay murder victims were people of color, and the majority of them were transgender women. The vast majority of attackers were men (77%) and were strangers to the victims they attacked (40%). Community United Against Violence’s Maria Carolina Morales noted in a conference call with the Bay Area Reporter that there continues to be “severe and persistent violence” against LGBTQ communities.” Ms. Morales, based in San Francisco, emphasized that “people of color, transgender women, and others continue to be disproportionately targeted for violence.” The report of the NCAVP shows that the highest incidence of physical attacks against LGBTQ people took place in October 2009 to coincide with the passage of Federal Hate Crimes legislation, the James Byrd, Jr. and Matthew Shepard Hate Crimes Prevention Act. The heightened media profile of the gay community is thought to account for the spike in numbers. As the press release states, there is a troubling correlation between “increased visibility and increased vulnerability.” Another alarming finding is that though the total of 2009 anti-gay hate crimes reports has dropped around 12% over the previous year, the NCAVP believes this does not mean that the actual numbers of physical bias attacks lessened last year. The drop took place because of cut-backs in funding to support reporting at the state and local levels. Lisa Gilmore of Community United Against Violence, a San Francisco-based organization reporting in this year’s findings, told the Bay Area Reporter, “During the past year, NCAVP member organizations lost crucial staff and programming in the wake of the [national] fiscal crisis…We believe that this drastically limited the ability of LGBTQ people to report violence and access support.” The NCAVP report made several recommendations for the coming year, including restoring funding to local, state and federal anti-violence programs, community-initiated efforts, and deliberate and consistent inclusion of LGBTQ people in research studies.
Remembering Charlie Howard: Murdered 26 Years Ago
Bangor, ME – Charles O. “Charlie” Howard was drowned to death by three young men at 10 p.m. on July 7, 1984. His murder was the first full-blown hate crime murder against a gay person to be recognized as such in all of New England, if not the whole United States. The young men, Shawn Mabry, 16, Jim Baines, 15, and Daniel Ness, 17, ran him down on the State Street Bridge in the heart of downtown Bangor, beat and kicked him brutally, and then heaved him over the the railing into the Kenduskeag Stream below. Charlie screamed that he didn’t know how to swim. At 12:10 a.m. the next morning, police rescuers found his drowned body a few hundred feet from the bridge. A large eel had wrapped itself around his lifeless neck. An autopsy confirmed that he died of drowning, most probably hastened by a severe attack of asthma, a disease that had plagued Charlie all his life. He was 23 years old. The young attackers spent one night in jail, and then were released without bond into the custody of their parents. LGBT folk and their allies were galvanized by the murder of one of their own, and a fledgling equality organization started in the state in Charlie’s memory. Mabry, Baines and Ness were tried as juveniles, and sentenced to an “indeterminate term” in Maine Youth facilities in South Portland. Because of the nature of the law for juveniles, the convicts had to be released by their 21st birthdays. Mabry and Ness served 21 months apiece. Baines, the youngest, served two years. Fourteen years later, in 1998, Matthew Shepard was murdered on a ridge overlooking Laramie, WY, also because he was gay. Without what had been learned so painfully in the loss of Charlie Howard, there might very well have been no frame of reference for what happened to Matt. Echoes of Charlie Howard still reverberate in Maine. Bangor voted a non-discrimination ordinance protecting LGBT people. Laramie has not done so yet. Maine has a state hate crime law on the books, and the government is fairly scrupulous in enforcing it. Wyoming has never passed such a law protecting its LGBT citizens. Supporters finally won permission to erect a monument to Charlie near the bridge where he died. There is no such monument remembering Matt in Laramie. Matthew Shepard’s story is know around the world. Charlie Howard’s has remained pretty much a New England story. But Charlie’s story has changed lives for the better. And in sheer effect, his supporters have won more respect and practical protection for LGBT people in Maine and New England than Matt’s has yet to achieve in the nation as a whole. We at the Unfinished Lives Project remember lovely, goofy, maddening, flaming, edgy, and graciously generous Charlie Howard today. He did not die in vain. We must work to see to that, for him and for all the sons and daughters of America who died just because of who they were and whom they loved. Rest well, sweet brother. We have not forgotten you.
Ball Bat Killer Guilty of Murder As A Hate Crime in Brooklyn
Brooklyn, NY – Just seven hours after the jury was sequestered on Monday, José Sucuzhañay’s prime attacker, Keith Phoenix, was found guilty of second-degree murder as a hate crime. When he is sentenced on August 5, Phoenix will face a possible 25 years to life in prison for his role in bludgeoning Sucuzhañay to death with an aluminum baseball bat on December 7, 2008 in the Bushwick section of Brooklyn. City officials and the Sucuzhañay family expressed relief and satisfaction with the verdict. The first trial was aborted when a holdout juror refused to co-operate with the process, alarming both the immigrant rights and LGBTQ communities that Phoenix might squeak through the legal system with little or no punishment for one of the most brutal hate crimes in recent New York history. Phoenix’s accomplice, Hakim Scott, was found guilt of manslaughter and aggravated assault on May 6, but escaped the hate crime enhancement when the jury set aside the charge. The Scott decision drew a storm of criticism, so the eyes of many were focussed on what the jury would do in the Phoenix case. As reported by the NY Post, José’s brother, Diego Sucuzhañay, standing at the corner of Bushwick Avenue and Kossuth Place, now renamed “Sucuzhañay Place” in memory of his brother, congratulated the jury for its work. “We were afraid we would not get justice. The first time the mistrial and our family had to go through this process, this painful process. But we wanted justice for the death of our brother,” he said, with his other brother Romel standing beside him. Also quoted in the Post, Brooklyn District Attorney Charles Hynes said, “Just hours after this horrible tragedy, I came to this location and I pledged that the people who did this horrible thing to Jose would be found be convicted and the only way they would come out of prison would be in a box. I’m here today to reaffirm that,” the D.A. concluded. For his part, Phoenix, 30, who had not expressed any remorse for what he did, was taken aback by the verdict, according to the Gay City Times. “I think he’s kind of surprised by this result,” Philip J. Smallman, Phoenix’s attorney, said of his client, following the announcement of the verdict. Phoenix never entertained the thought that he would be convicted of a hate crime. Smallman has declared that he intends to appeal the verdict on Phoenix’s behalf. Because Scott and Phoenix targeted José and Romel for being “Spanish” and “faggots” as they huddled together against the Brooklyn winter, the case drew together two unusual groups of allies, immigrants’ rights advocates and LGBTQ human rights activists. Though the Sucuzhañay brothers are heterosexual, mistaking their sexual orientation as gay has helped sensitize the Latino/a community to the shared sense of injustice experienced by LGBT people in the United States and Ecuador.









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. 

