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.
Plea Deal for Larry King’s Murderer: The Inside Story
Brandon McInerney pled guilty to the execution-style murder of his gay teen classmate, Larry Fobes King.
Ventura County, California – Prosecutors in the Brandon McInerney murder trail agreed to a plea deal rather than take young gay Larry King’s confessed killer into court a second time, according to EDGE Boston. McInerney, 14 at the time he shot his 15-year-old gay classmate in the back of the skull in his middle school computer class in 2008, will be sentenced today.
The Ventura County District Attorney’s Office agreed to a deal because they couldn’t be sure what would happen if they put McInerney back on trial again.
McInerney’s defense team succeeded in putting King on trial for his own murder, at least enough so that the jury in the first trial could not agree on a verdict, and a mistrial was declared. While legal experts saw the case as a clear-cut instance of pre-meditated murder, the prosecutors for Ventura County could not surmount the sympathy factor for the 14-year-old, and the discomfort factor in the way the press and the defense portrayed King. Instead of the forthright homophobic murder the prosecution sought, a combination of child-nostalgia and anti-transgender and anti-gay bias turned King into a “Franken-Larry,” a devious, dangerous homosexual predator–a portrayal that could not have been further from the truth about the real boy who was in transition from a scared, bullied gay school kid to a youth who could affirm and live out his gender variance.
Media distortion in the King case started as early as the first reports about the murder, with sensational accounts of what young King wore to school, and his responses to McInerney’s bullying. Ramin Satoodeh, reporter for Newsweek, wrote a cover story on King that was devastating–likening the boy to a monstrous little predator, tottering after his love interests in platform heels. McInerney’s defense lawyers countered prosecution evidence of his Neo-Nazi and white supremacist motives by casting King, who was smaller and weaker than McInerney, as the aggressor, and skillfully used the press to drive this point home. The California law making a 14-year-old prosecutable as an adult in heinous cases using firearms (which this case was in both particulars) was also put on trial in the media.
In the end, justice for Larry King was not the goal of a chastised district attorney’s office. Assistant DA Mike Frawley said that they “took into consideration the time [McInerney would have to spend] in jail to protect the community.” McInerney’s murder conviction has been stayed, and he will be sentenced to 11 years for voluntary manslaugher, and 10 years for the use of a firearm. With the four years he has already served in jail, McInerney will serve 25 years total. Had the first-degree murder conviction been impose, he would have served 51 years. Now, the confessed murderer of a young gay boy will be out on the street by his 39th birthday, and the dubious “gay panic defense” receives new life in the American legal system.
Lesbian Police Officer Promoted in Dallas: Congratulations!
Officer Laura Martin, LGBT Liaison Officer for the DPD, receives her promotion badge from Police Chief David Brown
Dallas, Texas – Officer Laura Martin, the Dallas Police Department’s LGBT Liaison Officer, has been promoted to Senior Corporal. According to the Dallas Voice, Martin was one of 37 officers promoted to the rank. Making her achievement even more notable is that out of 400 who took the exam this year to become Senior Corporal, Martin earned the top score. She received her badge of promotion for Dallas Police Chief David Brown in a ceremony held the first full week of December.
Martin, a lesbian, has been with the Dallas Police Department for the past 14 years, and has been the department’s LGBT Liaison Officer for the past five years. She has been instrumental in improving communications between city police and the large Dallas LGBT population. When crimes affecting the queer community occur, Martin is called in, and she often makes public statements to interpret police actions in sensitive cases. DPD relationships with gays and lesbians have been rocky in the past, especially in instances when the Oak Lawn/Cedar Springs community was not informed of crimes in a timely manner by the police. Martin’s advocacy and professionalism have helped sensitize fellow officers to the issues facing the LGBTQ community, and likewise have made gay people feel they have a voice in the department, speaking up for their concerns and rights.
Martin is currently working primarily in the Dallas Police Department’s Northwest Division. Her duties include membership in a community engagement unit. When questioned by the Voice about whether this promotion would change her venue or her current duties, Martin said that she did not expect any changes in the near future.
Dallas is fortunate to have the professional service of a fine officer like Senior Corporal Laura Martin as Liaison to the LGBTQ community. The Unfinished Lives Project Team, who are engaged in anti-LGBTQ hate crimes education and prevention, join Officer Martin’s many friends and admirers to say, “Congratulations, Laura!”
Gay Tennessee Teen Takes His Life; Bullied To Death
Jacob Rogers, another gay teen hounded to death
Ashland City, Tennessee – Jacob Rogers, a teenager who cried out to his friend that no one listened to him, and that he was being constantly attacked for being gay, took his own life on Wednesday. Rogers had dropped out of school at Thanksgiving. He left notes and email passwords for his grandmother, who was his primary guardian, so that she and officials could understand why he took his life.
His friend, Kaelynn Mooningham, told WSMV News, “He started coming home his senior year saying ‘I don’t want to go back. Everyone is so mean. They call me a f****, they call me gay, a queer.'” Mooningham went on to say that her friend felt ignored and alone, in part because the school’s guidance counselors were unresponsive, and other school officials took no action. “Jacob told me no one was helping him,” she said. “He constantly was going to guidance.”
Other students confirmed Mooningham’s statements. They said that school officials knew some students were tormenting Jacob, but the took no steps to get it stopped. The school, on the other hand, says that all they knew about was an incident of harassment. The principal of the school said that they had no idea it had gotten out of hand. Friends and family find that hard to believe, however. The fact Jacob dropped out at Thanksgiving in his senior year should have been a red flag that something was going very wrong for him
Initially, there was insufficient money to hold a funeral for Jacob. Then a tattoo parlor started and fund, and news spread around the blogosphere about the need. Now two other funds at local banks have been opened for the funeral and other expenses, and well-known LGBT bloggers, Dan Savage, Andy Towle, and Joe Jervis have contributed. A candlelight vigil was held on December 8 at River Bluff Park. Box Turtle Bulletin listed ways others could help spot and prevent more suicides of LGBT Youth from happening. Jim Burroway says: “For more information on suicide prevention, research and help-seeking resources, see the American Foundation for Suicide Prevention (AFSP). If you or someone you know needs help, see The Trevor Project’s web site or call the Trevor Lifeline: 866-4-U-TREVOR (866-488-7386).”
High School Students Suspended for Roles in Rodenmeyer Bully-cide
Jamey Rodenmeyer,14, bullied by high school classmates
Williamsburg School District, New York – An unspecified number of North High School students have been suspended for bullying Jamey Rodenmeyer, who killed himself in September following unrelenting anti-gay harassment. The Advocate reports that the suspensions resulted from information shared by police after the Rodenmeyer case was closed. Though Amherst law enforcement authorities declined to bring charges against students in the case, they identified at least five incidents of anti-gay bullying aimed at Rodenmeyer, a 14-year-old freshman. The boy’s parents and school officers were not informed of the bullying incidents in question until it was too late.
School officials would not say the number of students suspended, but indicated that each of them faced a “minimum suspension” of at least five days. Longer term suspensions may have been invoked, as well, though expulsion from school is not permitted for youths of this age. These suspensions mark the second round of actions taken by the school system since Rodenmeyer’s death. A female student who said she was “glad he was dead” was suspended soon after the suicide. Rodenmeyer, whose “It Gets Better” YouTube video gained wide circulation and the attention of Lady Gaga, took his life by hanging on September 18.
Alleged Butcher of Richard Hernandez Wins Mistrial for Meds Excuse
Seth Winder
Denton, Texas – For the second time in a history of delays and postponements, Richard Hernandez’s alleged murderer was ruled “incompetent to stand trial” on November 18 by a Denton County judge. Seth Winder, 31, was ruled unable to assist in his own defense by District Judge Bruce McFarling after an examination finding him either unmedicated for his diagnosed mental impairment, or insufficiently dosed, according to the Crime Blog of the Dallas Morning News. Winder exhibited nearly catatonic behavior during the third day of the trial–evidencing that he had received none of his prescribed drugs for his schizophrenia, or that he had been spitting out and hiding his nighttime dosages, perhaps for weeks before the trial began. No explanation was given for how Winder could have been considered fit for trial on November 16, but zombie-like two days later. Neither was there an explanation of how jailers and med staff at the Denton County Jail could have so woefully neglected to make sure their smart-though-impaired inmate took his meds as directed and actually swallowed them.
Instead of completing the trial process for the gruesome murder and dismemberment of the openly gay Dallasite, Winder was sent to the North Texas State Hospital in Vernon for treatment. The Dallas Observer speculates that Winder may not ever face trial again for the Silence-0f-the-Lambs-style butchery of 38-year-old Hernandez, whose body was never found–save for his internal organs left in the bathtub of his Far North Dallas apartment in September 2008. This marks a second instance that Winder was found unfit to stand trial because of mental issues, the first being in May 2009. Observer reporter Brantley Hargrove found legal opinion divided on whether the Colony resident will have another day in court. Winder’s Defense Attorney, Derek Adame, says he seriously doubts another trial will take place. Denton County Assistant District Attorney Cary Piel, however, believes Winder will face judge and jury again, probably in April 2012.
Winder stands accused of murdering Hernandez in the gay man’s apartment, though the reasons for their relationship remain murky. Both the Morning News and the Observer repeated the unproven allegation that the victim and his supposed killer were gay lovers. Hernandez’s best friend, Rudy Araiza, has staunchly denied the possibility that Winder and Hernandez were ever “lovers,” and makes that point again in a blog response to the Dallas Morning News allegation. “Richard and Seth were ‘Never’ boyfriends!” Araiza said. “I’m not sure why this newspaper is making that statement, I knew Richard for 22 years, I would know!” It may be another instance in which a grisly anti-gay hate crime is toned down for public consumption by partially blaming the victim for his own demise. Media around the country have a notorious record for succumbing to this sensationalist temptation. Investigators said they found pornographic pictures of Winder on the cell phone he lifted from the Hernandez apartment, though no proof has been offered of who took the images, or what they actually depict.
Although the murder weapon was never found, police did retrieve a sword stained with Hernandez’s blood in the tent where Winder was living. Detectives say that Winder used the sword to cut up the gay man’s body. The dismembered parts of the victim were probably disposed of in a nearby dumpster, and then buried under tons of garbage in a landfill, making the body impossible to locate. Winder’s use of Hernandez’s credit cards led police to arrest him. Witnesses placed Winder in Hernandez’s apartment complex at or near the time of the gay man’s disappearance. Forensics found that the blood stains on Winder’s clothing and shoes were a genetic match to the victim.
So, Seth Winder, either crazy like a fox, or a neglected patient (or both), has avoided the jury again. Meanwhile, Richard Hernandez, who in death cannot answer the innuendo against his character, receives no justice. The eerie quiet throughout North Texas surrounding this latest trial development in one of the most heinous crime cases in Dallas history seems to confirm that many have an investment in hushing the whole thing up. Which would not be the first time such a thing has happened in Texas when it comes to violence against the LGBTQ community.
McInerney Pleads Guilty to 2nd-Degree Murder for Executing Larry King
Brandon McInerney executed his gay classmate in February 2008.
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.
“A-List” Gay Celebrity Assaulted in Dallas
A-List Dallas View; Taylor Garrett on far left (!)
Dallas, Texas – Gay Republican consultant Taylor Garrett was decked with a hard blow to the left eye last week, according to various press reports. A cast member on the gay reality television show, LOGO’s “A-List Dallas,” Garrett is closely associated with high-profile human rights opponent, Ann Coulter. Returning to his car from a birthday party on the entertainment strip along Cedar Springs Road in Dallas, Garrett says he was shocked to find the words, “F-ck Coulter,” keyed into his car door. A large man appeared out of the shadows where he was squatting, and knocked Garrett to the ground, cutting his brow and bloodying him. He also fell on broken glass beside the car, scraping his body.
Garrett is convinced gay Democrats are behind the bias against him and other gay “conservative Republican Christians.” In an interview with the Daily Caller, he said, “I would’ve thought people would have been a little more tolerant considering that our community advocates for tolerance, but it has been nothing but mean spirited attacks, especially after the Ann Coulter scene,” referring to his well-publicized luncheon recently with Coulter. Using racist plantation language, Garrett said that gay Democrats want him to “stay on the plantation,” but he is having none of it. Shaken by the incident, he says another season for him on the popular LOGO series is in doubt.
An ambulance was called to the scene, but the paramedics did not elect to transport him to the hospital, since his injuries did not warrant it. Some members of the LGBTQ community and media have suggested that Garrett is using this incident and another in October when a rock was thrown through his window to gin up publicity for himself. Garrett denies the allegations. Dallas Police have not designated the assault as a hate crime at this point.
In an exclusive interview with Huffington Post, Garrett continued the theme of gay hypocrisy over politics. “This goes to show you,” he said, “that the gay community advocates for diversity and is against bullying, but in our own community we discriminate based upon if you’re a Democrat or a Republican or if you don’t necessarily fit within the mold of the political views of the gay community.”
Gay Murder/Dismemberment Trial Gets Underway Today in North Texas
Richard Hernandez, victim, and Seth Winder, the accused (l to r; Dallas Voice image)
Dallas, Texas – After three years of delays and postponements, the trial of the accused murderer of openly gay Richard Hernandez begins today. The Dallas Voice, doing great journalistic work on this difficult case, announced the story on November 10, quoting first assistant Denton County district attorney Jamie Beck on the trial delays, “Everybody wants a swifter and quicker justice, but you’ve got to do it right. Bottom line, we want justice, so if that means it takes a while, then so be it.”
The “Silence of the Lambs” style murder of 38-year-old Hernandez, an employee of Walmart, drew national press attention in September 2008 when the victim’s viscera but no body was discovered in an apartment in far North Dallas. When Hernandez, a conscientious employee, did not report for work, his friends prevailed on the apartment superintendent to open his residence, and what they found resembled a slaughterhouse. Copious amounts of blood spattered the walls. Hernandez’s body was never found, but tissue from it was left, dumped in the bathtub. Dallas Police acted quickly to track down the killer. True Crime reported that the DPD filed capital murder charges against Seth Winder, 29, a homeless man with a history of erratic behavior and mental illness, even though they did not have possession of a body in the case–only the third time in thirty years of police department history.
Winder was located because of credit card charges he made to Hernandez’s stolen cards after the murder date. Police apprehended Winder in a tent inThe Colony, where he was in possession of personal items of the victim and a bloody sword that may have been used in the dismemberment. The Dallas Voice reports the police conclusion that the killer disposed of the body in a trash dumpster which was emptied in a landfill, making Hernandez’s remains unrecoverable.
Winder’s competence to stand trial was hotly contested in the earlier days of the case. His father and stepmother told the press that their son was a schizophrenic who had once tried to strangle his own mother. Friends of Hernandez contended that Winder was just clever enough to play ill in order to avoid responsibility for the grisly murder. The whole stew was made nastier by the report of police investigators that they discovered a digital camera belonging to Hernandez with “pornographic images” of Winder. The victim’s friends and family vigorously denied the implication that Hernandez and Winder were in a sexual relationship. In the end, Winder was ruled incompetent to stand trial.
Hernandez’s mother will not be there today to see if justice will be done for her son. She died with the story unresolved, thanks in part to a strategy of delays put in place by Winder’s legal defense team, and to the untimely publication of a book on the murder authored by Winder’s own stepmother.
Now, after years of treatment, authorities say Seth Winder is able to face his day in court. Jury selection has begun, and barring other delays, three years of agonized waiting are about to conclude for Richard Hernandez’s friends and remaining family.
Texas Lesbian Gay Bashed in San Antonio
Kristen Cooper, Bashed for Being Lesbian (KENS 5 photo)
San Antonio, Texas – An out lesbian student from the University of Texas at San Antonio says that she was assaulted by two men calling her obscene, anti-LGBTQ epithets over Halloween weekend. Kristen Cooper told KENS 5 that the only thing the two men who attacked her knew about her prior to the assault was that she was a lesbian. “I just think it was a hate crime against me,” she sad, still shaken by the incident.
Cooper says she was waiting for a ride from a local Halloween Party when two men stopped their van, grabbed her, beat her while yelling slurs about her sexual orientation, and drove her some distance before they pushed her out and drove away. Cooper fought back against them, “full-fist,” probably putting up such resistance that her assailants decided it wasn’t worth the effort. She had no cell phone, so she walked a long distance before someone noticed her, stopped, and then called the police.
Cooper’s injuries were extensive: cuts, bruises, a contusion, a concussion, and whiplash. When asked how she was coping with the attack, Cooper said to KENS 5, “Just still in shock and I’m trying really hard not to cry, but nothing like this should happen to anybody.” The San Antonio Police are currently investigating the crime as an assault, with no word about whether they intend to classify the brutal beating as an anti-LGBTQ hate crime.
About
If you are a first-time visitor to the Unfinished Lives Project website, we invite you to read A Welcome Message introducing you to our project. We are truly grateful for your visit.
The Unfinished Lives Project website is a place of public discourse which remembers and honors LGBTQ hate crime victims, while also revealing the reality of unseen violence perpetrated against people whose only “offense” is their sexual orientation, gender identity, or gender presentation. LGBTQ people in the United States are suffering a slow-rolling decimation of terror and murder all across the country. Every locale and demographic of society are affected: First Nations, Anglo, Black, Latino and Latina, South and Southeast Asian, Transgender, Bisexuals, Gay men, Lesbians, disabled, young, and mature. Homophobia has a long, crooked arm, and it is reaching out to snatch the life away from women and men whose tragic stories are under-reported to begin with, and whose memories are swiftly forgotten.
The horror of these killings transcends the shock and bereavement of loved ones and friends. These are not typical homicides; they are not killings for money or drugs, incidents of domestic strife, or crimes of passion. The vicious nature of hate crimes against LGBTQ persons is extremely brutal, grotesquely violent, and egregiously hateful.
Each murder serves the LGBTQ population as a sobering warning about the actual level of danger in our communities. The message these killings send is that freedom and open life for LGBTQ people is a cruel dream. Every time we remember one of these victims, however, the intentions of their killers are frustrated. To remember these women and men is to begin the process of changing the culture that killed them.
Our Project Director
Dr. Stephen V. Sprinkle (Keith Tew photo).
Stephen V. Sprinkle is Director of Field Education and Supervised Ministry, and Professor of Practical Theology at Brite Divinity School, Fort Worth, Texas, a post he has held since 1994. An ordained Baptist minister, he is the first open and out Gay scholar in the history of the Divinity School, and the first open and out LGBTQ person to be tenured there. Read More…
Recent Social Justice Advocacy Activity By Dr. 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. Read More…
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Unfinished Lives: Remembering LGBT Hate Crime VictimsBrite Divinity School/Texas Christian UniversityFort Worth TXprofessor, minister, author, blogger, LGBTQ advocate
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