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.
For Courageous Mothers of LGBT Murder Victims, There is No Closure

Pat and Lynn Mulder at USF, Stephen Coddington photo for the Times
Families of LGBT hate crimes murder victims are on the front lines of grief and loss when a homophobic attack takes the life of someone they love. This is especially true of their mothers. That powerful truth was driven home for me again by learning of Pat and Lynn Mulder’s courageous appearance at the Hate Crimes Awareness Summit held this week at the University of South Florida. Pat shared the story of how her beloved son, Ryan Keith Skipper, lived and died at the hands of brutal, anti-gay attackers in rural Polk County Florida on March 14, 2007. The popular 25-year-old Skipper was stabbed over 19 times, and left to bleed out on a lonely dirt road in Wahneta, a rural town in the Winter Haven region. One of his murderers, Joseph “Smiley” Bearden has been sentenced to life without parole earlier this year, and a second alleged killer, William D. “Bill Bill” Brown is to stand trial on October 12. Reporting on the Summit, Alexandra Zayas of the St. Petersburg Times, relates how Pat had to overcome her reluctance and nervousness about speaking in front of crowds about the worst tragedy in her family’s history. “The worst thing in the world that can happen to you has already happened. There’s nothing else to be afraid of.” Speaking with passion and the conviction that no family should ever have to endure what hers has, Pat and her husband Lynn have tirelessly reached out to others bereaved by unreasoning hatred. Barely a year after her son’s murder, Pat traveled to Fort Lauderdale to see Denise King, mother of African American youth Simmie Williams, Jr., who was shot for being transgender by attackers who have not yet been identified or apprehended. At at town hall meeting dedicated to the memory of 17-year-old Williams, Pat introduced herself to Mrs. King as Ryan’s mother, and enfolded her in an embrace that King later said was deeply meaningful to her. Speaking to the Times about that moment, Pat said, “It’s beyond being women. It’s beyond being different races, different backgrounds. It has nothing to do with that. It’s the hearts of two mothers,” Pat said. “For a moment, there’s someone who’s helping you hold up your pain.” The real unsung heroes of the effort to win passage of the Matthew Shepard Hate Crimes Prevention Act are women like Pat Mulder and Denise King who became “accidental activists” for the sake of their children who died so senselessly. Elke Kennedy, mother of Greenville, SC victim, Sean William Kennedy, Pauline Mitchell, mother of Navajo two-spirit son, F.C. Martinez, Jr. of Cortez, CO, Pat Kuteles, mother of U.S. Army Pvt. Barry Winchell, murdered at Fort Campbell, KY, Kathy Jo Gaither, sister of Sylacauga, AL victim Bill Joe Gaither, and, certainly, Judy Shepard of Casper, WY who is currently touring the nation to promote passage of the LGBT hate crimes bill named for her son Matthew, are but a few outstanding examples of women whose love overcame untold obstacles to add their voices to the chorus of Americans, gay and straight, who want anti-queer violence to come to an end forever. These courageous women and many other family members around the nation have become the most effective spokespersons for human rights because of their unsought-for mission to stamp out hate from the American vocabulary for all people, especially LGBTQ folk who are so much at risk. How do mothers do it? Pat Mulder says that for parents of gay murder victims, there is no closure, only the determination to turn up the volume on what hate crimes do to families.

~ Stephen Sprinkle for the Unfinished Lives Project
Trans Hate Violence Spikes in Nation’s Capital
Washington, DC – Hard questions are being asked by the LGBT community in the wake of the murder of 21-year-old transwoman, Tyl’ia “Nana Boo-Boo” Mack and the continuing investigation by metropolitan police. Stabbed to death in the Truxton Circle neighborhood by an assailant still at large, the popular and well-known transwoman of color had nearly made it to her destination, the offices of Transgender Health Empowerment (THE). Another transgender woman of color was seriously injured in the knife attack, but survived. Her name has not be released because of the ongoing investigation. By one reputable estimate, there have been six transwomen murdered in DC since 2006, and GenderPAC has rated the nation’s capitol as having the highest incidence of anti-transgender violence in the United States. The Metropolitan Police are offering a $25,000 reward for information leading to the arrest and conviction of a suspect or suspects in the Mack murder case. G.G. Thomas, Mack’s client advocate at Helping Individual Prostitutes Survive (HIPS), told Will O’Brian, reporter for the Metro Weekly, that she “was a roar of thunder, someone who always had an opinion and expressed it. She was like a role model to the younger girls, saying, ‘We’re all going through discrimination and poverty, dealing with drug issues, family issues…. But at the same time, there’s hope.'” The DC trans community is on guard, many feeling unsafe in the city. Gay DC City Council Member David Catania told the Weekly, “This is an opportunity for every leader in the city — whether elected, whether appointed, whether in a pulpit — to stand up and say this is not acceptable, that the lives of gay, lesbian, bisexual and transgender people are not so casual and so meaningless that they can be taken from us for no reason,” he said. “This was an unprovoked and unforgivable attack. And this must stop. To the family of Ms. Mack, our profoundest condolences. To every one of us, let us go to all of our leaders and say enough is enough. We want to hear Sunday in the pulpits in this city that this kind of attack is unacceptable.” David Mariner, executive director of the Center, DC’s LGBT community center, confessed that he was particularly hard hit by Nana Boo-Boo’s brutal murder: “I’m just here along with everybody because I’m shocked, I’m troubled, and because it’s happened again. My thoughts are with the family. My thoughts are with every person in D.C. who has felt unsafe, or who will in the future.”
DC Trans Murder ‘Possible’ Hate Crime

Tyli'a "NaNa Boo" Mack, Aram Vartian photo for the Blade
Washington, DC – Police found the bleeding body of Tyli’a “NaNa Boo” Mack, a 21-year-old transwoman of color on the sidewalk at 209 Q Street, N.W. on the afternoon of Wednesday, August 26. She and a second transwoman had been stabbed after an apparent hate crime attack, according to the Washington Blade. 30 minutes later, Ms. Mack was pronounced dead at Howard University Hospital. The second victim’s identity has not been released for her own protection, pending the success of the investigation of the Gay and Lesbian Unit of the D.C. police force, who are handling the case. Sources in the G&L Unit report preliminarily that some homophobic and transphobic language may have been used by the attacker(s), and so the crime has been tentatively designated as bias motivated. A $25,000 reward is being offered for information leading to the arrest and conviction of the person or persons who carried out the fatal attack against Ms. Mack. The Mack family, led by her mother, Beverlyn Mack, are encouraging anyone with information about the crime to come forward. Both Ms. Mack and the surviving victim were clients of THE, Transgender Health Empowerment, a non-profit agency offering a range of programs and counseling to the transgender population of the District of Columbia. Brian Watson, an official of THE, related an account of what happened in the attack according to the report given him by the surviving victim on Thursday. According to the eye witness account as related by Watson, a man and a woman began an argument with Ms. Mack at the Giant Supermarket on Ninth and O Streets, N.W. They followed the two transgender women as they headed from the supermarket toward the offices of THE at North Capitol and P Streets N.W., and the argument continued off and on for the whole 10 block journey. As they reached the 200 block of Q Street N.W., the argument “escalated,” and the man stabbed both Ms. Mack and her friend. Anthony Hall, executive director of THE, issued the following statement to the press: “As members of the transgender community, we are too well aware of the mental and physical effects of threats and violence. The violent attack on Aug. 26 is one in a long string of violence against transgender people in the Metro D.C. area.”
Green’s Murderer Gets 25 Years for Transgender Hate Crime

Dwight DeLee on Trial
Syracuse, NY – Dwight DeLee, a 20-year-old construction worker from Upstate New York was sentenced Tuesday to the maximum of 25 years in prison for the hate killing of transgender woman, Lateisha Green. Green, 22, was a Male to Female transgender person, shot to death by DeLee last November as she and her brother sat in a car outside a house party. Since the age of 16, Green had lived as a woman, wearing women’s clothing, and taking her female name, Lateisha, in preference to her male birth name, Moses. In determining that DeLee’s crime was manslaughter rather than murder, the court found that he had not intended to kill Green in the attack, but only to terrorize and injure her. Two aspects of the sentence are of particular note for the LGBT community as it seeks justice for Lateisha and all at-risk transgender persons. First, the sentence was the maximum amount of time prescribed by New York law for the crime of manslaughter, indicating the seriousness with which the court took the case. Second, in sentencing DeLee for an anti-transgender hate crime, Judge William Walsh noted the deplorable bias-motivation of the crime. The jury found that Green was indeed selected for a violent attack based on her perceived gender presentation and gender identity, the hallmark of a transphobic hate crime. This verdict and sentence are believed to be only the second in the United States explicitly against the perpetrator of an anti-transgender violent crime, the first being the conviction and sentencing earlier this year of Allen Ray Andrade to life without parole for the hate crime murder of 18-year-old Greeley, Colorado transgender Latina, Angie Zapata.
Alleged Murderer of Seaman August Provost Commits Suicide

Oceanside LGBT Memorial to August Provost
Camp Pendleton, CA – Petty Officer Jonathan Campos, 32, has died from apparent self-inflicted asphyxia in the brig at the Camp Pendleton Marine Base. He was being held for a number of charges primarily related to the murder of Seaman August Provost, a gay sailor, who was shot to death June 30, 2009 while on guard duty. A routine check of his cell discovered that Campos was “unresponsive,” and attempts to revive him failed. Campos had apparently choked himself to death with toilet paper, according to The Navy Compass, San Diego’s official Navy paper. An autopsy has been ordered by the Navy to establish definitively his cause of death. Both sailors served in the same Navy unit at Camp Pendleton, Assault Craft Unit 5. Controversy has swirled around the Provost murder case since the discovery of his charred remains in the guard shack where he stood sentry. Campos allegedly set the shack afire with Provost’s corpse in it to destroy evidence. Family, the bereaved lover, friends, and LGBT human rights activists contend that the gay sailor, who refrained from reporting sexual harassment for fear of discharge from the Navy under DADT, was murdered because of his sexual orientation. The Navy has repeatedly denied that Seaman Provost died as the result of a hate crime. Now, since the issue will never be resolved in a court of law, the truth of why August Provost was shot to death will never be fully known.
Decorated Sailor Charged with the Murder of Gay Sailor August Provost

August Provost pic on his MySpace page
San Diego, CA – The U.S. Navy says that a decorated petty officer has been charged with murder and other offenses in the June 30 slaying of gay Seaman August Provost at Camp Pendleton, California. Jonathan Campos, 32, has been in military custody since July 1, when the smoldering remains of Seaman Provost were found inside the guard shack where he stood sentry on the night of his murder. Campos, a Lancaster, CA native, enlisted in the Navy in 2001. He is a military fuel-system technician who had received numerous decorations, including the Good Conduct Medal. He has been charged with murder and arson, as well as charges of wrongful possession of a firearm, unlawful entry to a military base, carrying a concealed weapon and stealing military property. Forensic evidence shows that Provost was shot multiple times with a .45 calibre pistol. The sentry shack was then torched with Provost’s body inside in order to destroy evidence of the crime. The Navy continues to deny that the victim was killed because of his sexual orientation. Instead, naval investigators for NCIS contend that Provost surprised Campos as he was seeking to gain entry to the anchorage where hovercraft were docked in order to set one of them afire, and that Campos shot Provost at that time. Provost’s family and friends, along with gay rights activists, believe that his sexual orientation played a factor in the murder. His aunt has told the press that her nephew complained to her about being repeatedly harassed for his homosexuality, and that he had one prime antagonist on base at Camp Pendleton. Though it is not known whether Campos is that antagonist, both he and Provost served in the same unit, Assault Craft 5. Ben Gomez, head of the San Diego chapter of American Veterans for Equal Rights, a national LGBT servicemembers organization, said to San Diego 6 that he and other LGBT activists believe Seaman Provost’s murder was a hate crime. They contend that he was killed after having an argument about his sexuality with an antagonist on base. They do not find the Navy’s claim credible that Provost was a “random” victim. While the Navy largely bases their claim that sexual orientation did not play a part in Provost’s murder since he had never filed a complaint with his superiors about being harassed for being gay, family and the LGBT community counter that he could not have felt safe approaching his commanders at Camp Pendleton because of the threat posed to his continuing military service because of Don’t Ask Don’t Tell (DADT). Members of the U.S. House of Representatives from California and Provost’s native Texas are calling for a full investigation into the case.


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. 


Another “Beyoncé” Killing: New Orleans Trans Murder Hate Motivated?
Beyoncé Knowles
New Orleans, LA – The Times-Picayune and Advocate.com report the Sunday murder of a victim who presented femininely and referred to herself as “Beyoncé,” in tribute to the popular star of soul and pop/rock, Beyoncé Knowles. The victim, Eric Lee, 21, was stabbed repeatedly at an apartment complex in the Algiers neighborhood. Police found Lee’s slashed body inside a first-floor apartment. Witnesses say they heard Lee arguing heatedly with a group of women before the time of the murder. While police have not announced a suspected motive for the killing, the m.o. fits a transphobic hate crime pattern. Residents who knew her say that Lee, who was in transition from male to female, often dressed in women’s clothing, and drew ridicule from the neighborhood because of it. An unidentified source told the Times-Picayune that Lee “dressed to the nines.” Carl Adams, who claimed that he did not know the victim well, told reporters that he had often heard Lee arguing with neighbors. “Probably because they made fun of him,” he said. In recent years, other trans and non-gender conforming African Americans who have identified with the megastar Knowles have died at the hands of phobic killers. Simmie Lewis Williams, Jr., 17, who also called himself “Beyoncé,” died from gunshot wounds in 2007 in the 1000 block of Sistrunk Avenue in Fort Lauderdale, FL. Adolphus “Beyoncé” Simmons, 18, a talented female impersonator from North Charleston, South Carolina, similarly died outside his apartment while carrying out the trash to a bin, also in 2007. Much like queer southern whites have idolized Dolly Parton, dressing like her and lip-syncing her hits, Beyoncé has entranced young black cross dressers and transgender women, and has legions of gay and lesbian fans, both black and white. Yet she has not become the advocate for LGBT people that Ms. Parton has. Ms. Knowles has occasionally reached out to her LGBT fans, especially after an international flap over her comments concerning the onstage kiss between Madonna and Britney Spears at the MTV Awards in 2003. At the time, the British tabloid, The Sun, charged Knowles with homophobic statements based on her strict religious upbringing. On her website, she refuted the claims of the tabloid, writing, “I’d like to clarify any confusion over some quotes that were attributed to me totally out of context in a recent interview. I have never judged anyone based on his or her sexual orientation and have no intention of starting now. I have a lot of gay and lesbian fans and I love them no differently than my straight fans.” For an interview in Instinct reported on AfterElton.com, she revealed that she was raised by a gay uncle who died of AIDS-related complications. “He helped me buy my prom dress. He made my clothes with my mother. He was like my nanny. He was my favorite person in the whole world,” she said. To date, her love and respect for her uncle and her LGBT fans notwithstanding, she has not spoken out against the harm being perpetrated against queer fans who are suffering the ultimate price for paying her the ultimate tribute. The murder of Eric “Beyoncé” Lee, while outrageous in its own right, underlines the need from some statement on Ms. Knowles’ part, condemning such killings. Of course, Beyoncé Knowles is not responsible in any way for the killing of Lee, Williams, Simmons, or anyone who chooses to bear her name. But the number of those dying to emulate her suggest that statements from her and other influential black entertainers against homophobia and transphobia is at least urgent, if not overdue. ~ NB: Pronouns in this article reflect the usage of the source in quotations. Williams and Simmons referred to themselves using masculine pronouns. As is appropriate for an M to F transperson, Lee is referred to using feminine pronouns.
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July 29, 2009 Posted by unfinishedlives | African Americans, Anglo Americans, anti-LGBT hate crime murder, Florida, gay men, harassment, Hate Crimes, Heterosexism and homophobia, Lesbian women, Louisiana, South Carolina, Special Comments, stabbings, transgender persons, transphobia | African Americans, anti-LGBT hate crime murder, Beyoncé Knowles, Florida, gay men, gun violence, harassment, Hate Crimes, Lesbians, Lousiana, Media Issues, South Carolina, stabbings, transgender persons, transphobia | 1 Comment