DOMA Discrimination Against Lesbian Army Veteran Challenged in Court
Los Angeles, California – A highly decorated lesbian veteran of the U.S. Army is being denied disability benefits because of the Defense of Marriage Act (DOMA), and today the Southern Poverty Law Center (SPLC) filed an important lawsuit to challenge DOMA on her behalf. Tracey Cooper-Harris served with honor in the U.S. Army for 12 years, and received an honorable discharge in 2003 after having received more than two dozen medals and commendations. But because she married a person of her own sex in California, a perfectly legal marriage still in force, the United States government is denying her and her spouse Maggie equal disability benefits to those heterosexual spouses are receiving.
Cooper-Harris, who achieved the rank of Sergeant for her service in Kyrgyzstan and Kuwait in support of Operation Enduring Freedom and Operation Iraqi Freedom, was diagnosed in 2010 with Multiple Sclerosis (MS), a disabling disease of the brain and central nervous system for which there is no known cure. Government doctors determined that Cooper-Harris contracted MS as a result of her military service. Faced with a daunting future, she is trying to get her affairs in order as any responsible spouse would. Cooper-Harris received individual disability benefits, but since DOMA is still federal law, the government says that she and her spouse are not eligible for the spousal benefits her service truly entitles them too–all because of anti-gay discrimination, even after the repeal of Don’t Ask, Don’t Tell (DADT).
Cooper-Harris said, “I dedicated 12 years of my life to serving the country I love. I’m asking only for the same benefits the brave men and women who served beside me enjoy. By refusing to recognize our marriage, the federal government has deprived Maggie and me of the peace of mind that such benefits are meant to provide to veterans and their families.”
The federal lawsuit, Cooper-Harris vs. United States, filed February 1 in the U.S. District Court for the Central District of California, challenges the constitutionality of the Defense of Marriage Act (DOMA) and the laws governing the Veterans Affairs policy that denies equal treatment before the law for Cooper-Harris and other married same-sex persons in the nation. Christine P. Sun, Deputy Legal Director of the SPLC, said, “The government’s refusal to grant these benefits is a slap in the face to the gay and lesbian service members who put their lives on the line to protect our nation and our freedoms. Especially given the recent repeal of Don’t Ask Don’t Tell, it’s shocking that the federal government continues to demean Tracey’s years of service and the service of many others in this way.” The case is being litigated on Cooper-Harris’s behalf pro bono (at no charge) by the SPLC.
Gay Couple That Changed the World: John Lawrence and Tyrone Garner Remembered
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.
Dallasite Michael Parish Honored Nationally for Fighting HIV/AIDS
Dallas, Texas – Michael Parish, 24, has been recognized by the widely-read LGBTQ blog Queerty for his advocacy in combatting HIV and AIDS. The post, “Born into the Epidemic: Five People Under 30 Who are Fighting HIV/AIDS,” honors Parish for his work in North Texas as Outreach Co-Ordinator for the Resource Center of Dallas, one of the nation’s largest full-service centers for LGBTQ people. A native of Waco, Parish served as a volunteer for four years at the Center until he was hired in 2010 to educate on HIV prevention and safer sex practices, as well as offer STD screenings on the weekends.
Parish says that the greatest obstacle LGBTQ people have to face in the struggle with AIDS is giving up. He said to Queerty, “LGBT people . . . ‘throw in the towel’ when it comes to fighting HIV. They’ve been made to believe that they specifically are ‘destined’ to contract HIV. But if you remove ‘LGBT’ and insert another category of people and say the same thing, you would see the sheer ludicrousness of such a belief. [Fighting that sense of inevitability] is the biggest challenge.”
Commending the choice of Parish for this select honor, Dr. Stephen Sprinkle, Director of the Unfinished Lives Project, said, “Michael is a sign of hope among all LGBTQ people, and for 20-somethings in particular. The struggle against this unrelenting disease needs renewed support at this time, when members of the LGBTQ community seem to believe they are either immune to HIV/AIDS, or falsely assume that if they contract the virus, drugs will simply take care of its effects. Michael and the rest of the staff of the Resource Center of Dallas know there is only one way to effectively fight back, and that is through education, early testing, and safer sex. Well done, Queerty and Michael Parish!”
The other four commendatoris are: Jaszi Johnathan Alejandro, 25, Community Health Specialist from New York, NY; Greg Zhovreboff, 28, Community Organizer from San Francisco, CA; Julian Dormitzer, 23, Clinical Research Nurse hailing from Boston, MA; and Brant Miller, 25, HIV Program Associate in Washington, DC. On this World AIDS Day and every day, the Unfinished Lives Project Team congratulates them all, and the many other unsung heroes in the fight against HIV/AIDS they represent.
McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King
Ventura County, California – The teen killer of a gay classmate has pleaded guilty second-degree murder. Brandon McInerney, 17, 14-years-old at the time he pulled the trigger, shot gay 15-year-old Larry King in the back of the head execution-style at E.O Green Middle School in Oxnard, California in February 2008 before the eyes of his first-period classmates. The facts of the case are undisputed. Rising behind his victim, McInerney pumped two rounds into the back of Larry King’s skull, fulfilling a threat he made to a girlfriend at school the day before. McInerney will receive a 21-year sentence for a crime that many say bears all the hallmarks of a pre-meditated, first-degree hate crime murder.
In September of this year, a mistrial was declared after two months of testimony, due to the inability of the jury to come to a decision about the guilt of young McInerney. Prosecutors had argued for first-degree murder, based on the established pre-meditation and the heinous nature of the crime. Under California law, a 14-year-old may be tried as an adult, and McInerney, who confessed to the murder seemed to fit the statute’s requirements. Prosecutors claimed that because of McInerney’s antipathy toward King’s sexual orientation and gender expression, and because of white supremacist loyalties the killer clearly embraced, the murder was a clear-cut case of anti-LGBT hate crime. Defense turned the tables on the prosecution, putting the dead victim on trial instead of their client. They resurrected the infamous “gay panic/trans panic” defense, drumming their contention into the jurors’ minds that King was the prime aggressor, pressing his flamboyant sexuality toward McInerney until he “snapped.” Enough of the jury bought the ploy that the jury hung. Had the first-degree charge been upheld, the defendant would have received 53 years for his crime.
The Advocate reports that formal sentencing will take place for McInerney on December 19. Twenty-one years in prison is a long time for McInerney to consider that every day he lives is another he stole from a gay classmate because of his discomfort with a person who was different. For the LGBTQ community, the specter of the “gay panic defense,” like a hungry ghost, lingers on, given new energy by this plea deal.
Detroit Trans Teen’s Remains Found Burned Near Interstate
Detroit, Michigan – The charred torso of a missing teen transwoman of color was identified this week in the Wayne County morgue where it had been stored for weeks, and left unidentified. The remains were collected near Interstate 94 on Detroit’s east side. Michele “Shelley” Hilliard, 19, was last seen on October 23 at 1:20 a.m., and was reported missing, according to the Detroit Free Press. Though her facial features and fingerprints were destroyed by fire, investigators were able to make a positive identification because of a distinctive tattoo depicting cherries inked into her upper right arm. Her mother, summoned by the Wayne County Examiners Office, also confirmed the identity of her child from the tattoo on the burnt remains. Police are now investigating Ms. Hilliard’s death as a homicide. There is no word about whether a transphobic hate crime is suspected by the authorities, but the disappearance coupled with the attempted immolation of the remains is a familiar signature of anti-trans hate crimes. Equality Michigan is aiding the Detroit Police Department in their investigation, according to CBS Detroit. Michigan’s hate crimes law does not include LGBTQ persons as protected classes, making it harder to compel law enforcement to regard violence against the queer community as hate crimes.
In little more than two weeks, three gay men, Steven Iorio from Pennsylvania, Burke Burnett of Texas, and Stuart Walker from Scotland were either attacked by homophobes wielding fire as a weapon, or had their remains immolated after death. Now the immolated remains of transgender Shelley Hilliard are discovered on a Detroit Interstate service road, raising the question of how often fire is employed as a weapon of transphobic/homophobic terror. As Philip M. Miner of the Center for Homicide Research points out for the Huffington Post, while between 600 and 700 people are killed by arson every year in the United States, fully 26 per cent of this total is from the gay and transgender community. Miner observes that the use of fire and arson as hate crimes weapons against the LGBTQ community is normally thoroughly planned out ahead of time. He writes: “Attacks involving arson are especially brutal. Meticulous care is taken in carrying them out. The violence is heaped on . . . [Anti-LGBTQ arson attacks] are wrought with meaning,” Miner continues. “The offender wants there to be no doubt that this violence was intentional. In the case of hate crimes, it’s a warning. This is what happens when you are gay. This is what these people get — what they deserve.”
Equality Michigan points out in its report on transgender hate violence, “During the first half of 2011, Equality Michigan received reports of 83 incidents of violence or intimidation targeting gay and transgender residents that are considered hate crimes under the [federal] Shepard-Byrd Act. However, because the statewide hate crime law is not comprehensive, incidents against gay and transgender Michiganders that are clearly motivated by anti-gay or anti-transgender bias are ignored as hate crimes.” As a case in point, advocates are watching the Hilliard case especially closely.
Michele “Shelley” Hilliard was nicknamed “Treasure.” The irony of her murder, a young transwoman who had courage enough to transition into the authentic person she truly was, is that only now do we begin to understand the treasure we have lost in her passing.
Illinois Teen Sentenced for Gay Bashing
Yorkville, Illinois- An 18-year-old man was sentenced by an Illinois court to two years in prison for his role in a violent attack upon a gay man. Marquitte West was found guilty of hate crime related to sexual orientation for participating in a gang attack against 29-year-old gay man Bryce Stiff in June 2010. Both men are from Oswego, Illinois, a city of 30,000 in the northern part of the state. Two other Oswego men, Jabari Tuggles and Robert Franklin, are being held in prison awaiting their trials for the same offense. A third man is still being sought by the police.
Stiff suffered severe injuries in the attack, leaving him with nerve damage to his face, and a lip so harmed that he has required reconstructive surgery. He has lingering psychological problems since the savage assault, as well. In a letter to the court prior to West’s sentencing, Stiff wrote, “I used to be a happy, caring and loving person who would do anything to help anyone. I was happy about me being gay … but now I’m filled with so much bitterness, hatred and I’m very depressed. I don’t like leaving my home. I don’t like doing things that excite me anymore. I feel like everyone is out to get me.”
According to Chicago Pride, West will serve out his sentence in conjunction with a theft charge. He is required by the court to pay his victim’s medical costs. The Kendall County District Attorney told Chicago Pride that this is the first hate crimes prosecution he can recall in county history.
Unfinished Lives Project Director Honored Nationally
Naming him among activist “trailblazers” who have knocked down barriers to LGBT equality, Queerty.com honored Unfinished Lives Project Founder and Director, Dr. Stephen V. Sprinkle as one of “6 LGBT Seniors You Should Know” in the United States. As the capstone to Queerty’s celebration of LGBT History Month, the editorial team decided to honor LGBT activists who had dedicated their lives and work to bringing full equality for LGBTQ people.
Dr. Sprinkle was cited for his work in organized religion, as a pioneer gay scholar at Brite Divinity School in Fort Worth, Texas, and for his efforts in anti-LGBTQ hate crimes education and prevention. In response to the news, Dr. Sprinkle said, “I am moved by this honor, naming me among such a distinguished group of LGBT seniors. Gray is good! I also want to lift up the multitudes of queer folk whose labors every day for justice go largely unseen and unsung. In their names, I accept this honor from Queerty.” Also named were West Hollywood, California psychologist and Radical Faerie co-founder Don Kilhefner; groundbreaking Chicago, Illinois activist Vernita Gray; New York City LGBT activist Jay Kallio; and Davis, California Marriage Equality champions Shelly Bailes and Ellen Pontiac, who were among the first LGBT couples to be legally married in the Golden State.
Matthew Wayne Shepard: Honor and Educate in His Memory
Laramie, Wyoming – Wednesday, October 12 will be the thirteenth anniversary of America’s archetypal gay hate crimes victim. Matthew Shepard was brutally attacked and beaten into a coma by two locals who targeted him for abduction, robbery, and murder at the Fireside Lounge on the night of October 7, 1998. They left him trussed to the base of a buck fence, exposed to the freezing cold after stealing his shoes. When Matt was discovered the next day by a passing mountain biker, he was so brutally disfigured that his discoverer at first assumed what he was looking at was a broken down scarecrow that had been put out for Hallowe’en. Matt’s injuries were too severe to be treated at the local hospital emergency room, so he was transported to Fort Collins in neighboring Colorado where a state of the art trauma center fought to save his life. For five agonizing days, Matt lay close to death with an injured brain stem–a terrible wound from which he could never recover. His family, mother Judy, father Dennis, and younger brother Logan stood vigil beside him while the life force ebbed.
For thirteen years, Matt’s memory has been honored, invoked, and ridiculed by a nation wrestling with heterosexism, homophobia, and transphobia–a culture of anti-LGBTQ violence that has claimed the lives of over 13,000 queer folk whom we know about (and God knows how many others whose murders have never been reported to anyone keeping records). Nothing will ever bring any of them back to us. They are gone, but to memory.
Those of us who labor for the better angels of our national character to emerge have a responsibility to remember Matt and all the rest, to honor them by never forgetting the cost of being sexually different in these United States, and to take up the mission of educating the LGBTQ community and the general public that difference of any kind is no warrant for ignorance,prejudice, and violence, but rather is an occasion for understanding and neighborly solidarity. The anniversary of Matt’s untimely death is a good time to erase hatred from the American psyche.
In that spirit, I offer this short excerpt from “The Second Death of Matthew Shepard,” Chapter One of my recently published book, Unfinished Lives: Reviving the Memories of LGBTQ Hate Crimes Victims:
“Matt Shepard died in a Fort Collins, Colorado hospital in the wee hours of October 12, 1998 with his parents by his side. Ironically, it was the day after America’s observance of National Coming Out Day. His team of doctors and nurses, professional as they were, could not undo what hate had done to Matt. He never woke up from his coma. His heart gave out. The ventilator switched off, and Matt was gone. Our memory of him,however, cannot rest in peace. Not yet” (page 3).
Our memory of all the dead whose “unfinished lives” calls out to us to do the work of justice. May Matt and the 13,000 rest in peace. God being our strength, we must not. Grace and peace to all on this National Coming Out Day 2011. ~ Stephen V. Sprinkle












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. 

