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.
Alleged Lincoln Gay Basher Lied About ID, Galvanizes Gay Community
Lincoln, Nebraska – The Lincoln Police Department announced today that the 22-year-old man who allegedly bashed a gay man outside a gay club last Friday lied about his identity and used a fake ID card. The Journal Star reported on Labor Day that the man claiming to be Luke Stevens is actually Lucas M. Clifford, 19 years of age. There is no confusion about his role in the gay bashing, however, since a police officer saw Clifford throw a punch at a 32-year-old gay man after using anti-gay slurs and epithets. As the Journal Star reports, “Lincoln Police Capt. Jim Davidsaver said Monday that Lucas M. Clifford, 19, 1014 Claremont St., was cited Friday evening on suspicion of possessing an Indiana ID that gave his name as Luke Stevens, 22.” It is not known as of this writing about whether Clifford, then thought to be Stevens, was indeed a UNL student as reports suggested on Friday. The citation for using a fake ID deepens the trouble Clifford is already in for the attack outside Club Q. He was charged for third-degree assault and commission of a hate crime in Lancaster County Court on Friday. While the name of the man charged with these offenses remains “Luke Stevens” on the record this Monday, his true identity will replace the false one on all court documents and police records, according to Captain Davidsaver. A bit more detail about the assault has been released to the press. Clifford went to Club Q Thursday night, September 2, and stayed at or about the bar all night. The first Thursday of each month, Club Q sponsors an amateur “Strip Night” contest offering cash prizes, an event that has proved popular in the community, drawing men and women to the bar for excitement and inexpensive drinks. Clifford would not have had to use a fake ID to gain entrance to the club, since persons 19 and older were admitted. At some point in the evening, Clifford’s advances toward a girl attending the event were spurned, and he became outraged at her rejection. At about 1:40 a.m., Clifford and a 19-year-old friend, Travis Garrett, went out of the bar, where the verbal abuse and attack against a gay man took place in the sight of a Lincoln Police officer, who arrested the alleged assailant on the spot after a short struggle. The victim was treated for minor injuries on the scene and released. Garrett, Clifford’s friend, was also arrested and charged with disturbing the peace. A statement on the Facebook site for Club Q credits the hate crime attack with galvanizing the LGBTQ community to face the threat: “It was great to see so many people respond to the whole hate crime situation. It was an unfortunate event but the positive side to it is that the GLBTF community rallied and that can only make us stronger and more cohesive.”
Lincoln Man Charged with Anti-Gay Hate Crime
Lincoln, Nebraska – A 22-year-old University of Nebraska – Lincoln student has been arrested and charged for assaulting a gay man outside a popular gay club on Friday, September 3. Luke Stevens allegedly harassed a 32-year-old gay man after leaving Lincoln’s Club Q, calling him “derogatory names” concerning his sexual orientation intended to start a fight, according to 1011now. As the target of the abuse tried to leave his antagonist, Stevens allegedly punched him in the face, and moved in to continue the fight. A police officer on the scene was drawn to the noise of the altercation, saw the punch thrown, and wrestled Stevens to the ground. The victim of the assault remains unidentified to the press. He was treated on the scene and released to return home. “The victim and several witnesses reported that Luke Stevens did not know them,” Officer Katie Flood, spokesperson for the LPD, told reporters. “He started calling them derogatory names based on their sexual orientation.” Stevens was charged with assault, disturbing the peace, and failure to comply. Because Nebraska has hate crimes legislation on the books, Stevens may be charged with bias crime, which would make his situation much more grave. If proven guilty of a hate crime, the enhancement would hike the misdemeanor assault charge to a felony. The Journal Star reports that the Nebraska hate crimes statute covers offenses carried out due to the victim’s “race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability.” Travis Garrett, 19, a friend of Stevens, was also charged with disturbing the peace. Stevens and Garrett were in Club Q together earlier in the evening, as well as Stevens’s victim. Witnesses and friends of the accused UNL student say that he is straight. That evening he was extremely upset at having been turned down by a girl. The contrast between the response of authorities in Lincoln and a similar anti-gay assault in Greenville, South Carolina three years earlier could not be starker. Both involved punches thrown at a gay man after verbal anti-gay harassment outside a bar. But in the case of Sean William Kennedy, 21, who was hit in the face outside Croc’s Bar in Greenville, an upstate South Carolina college town, both the outcome and the legal repercussions were outrageous. As Unfinished Lives has reported, Kennedy was hit by Steven Moller, an 18-year-old straight man spoiling for a fight with a gay person, in May 2007. Kennedy fell to the curb, hit his head on the concrete, and died. Moller was arrested and charged with manslaughter, since the Palmetto State did not have an anti-gay hate crimes law (and still resists passage of such legislation). While Nebraska police and prosecutors stand ready to investigate the assault in Lincoln as a hate crime, South Carolina officials refused to do so in the Kennedy case, giving Moller (who admitted attacking his victim) every benefit of the doubt. In the end, with time served, Moller received less of a sentence for killing Sean Kennedy than if he had been found guilty of killing a dog. For more up-to-date information on Sean Kennedy, see Sean’s Last Wish. We at Unfinished Lives only wish some of the same conscientious law enforcement had been available to the family and friends of young Sean. Moller is now a free man for lack of the will to bring anti-gay attackers to justice. What a difference a hate crimes law makes!
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?
Juvenile Arrested in San Francisco Muni Gay Bashing Case
San Francisco, CA – The San Francisco Police Department has arrested a 15-year-old boy in an alleged gay bashing on the Muni, August 14. Zachary Davenport, a 26-year-old gay man, was accosted at the J Church Street Station by a mob of 18 to 20 young men, shouting anti-gay epithets at him. Davenport was jostled, hit in the back of the head, and punched repeatedly in the face. He dropped his cell phone, which was taken by his main assailant. The suspect was arrested by the San Francisco Police Department Hate Crimes Unit on Friday, August 20, for suspicion of battery, possession of stolen property, and hate crime, according to Bay City News. Muni trains are equipped with surveillance cameras, and the attack on Davenport was captured on video. Police say that the suspect was clearly seen in the recording of the assault. He was recognized in still shots captured from the surveillance video by officers from the Juvenile Justice Center because of “prior contacts” with the youth, according to SFPD spokesperson, Officer Albie Esparza. Davenport also saw the video of the attack, and identified his assailant. Since the suspect is a juvenile, his identity is not being released to the public. The San Francisco Examiner reports that the other youths involved in the incident were supporting the main attacker and cheering him on. They are not being sought at this time.
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.
Second Gay Bashing Outrages Savannah
Savannah, GA – A second gay man has come forward to report that he was the victim of a gay bashing in Savannah. John Takats, a grad student at the Savannah College of Art and Design issued a statement to the press through Georgia Equality claiming that he was called a “faggot” and struck in the back of the head so hard he fell to the sidewalk on February 27, 2010. While he admits he did not come forward to issue a complaint to police at the time out of fear, Mr. Takats felt he had to come forward when news of the June 12 bashing of another gay man, Kieran Daly, by two U.S. Marines hit newsstands. Mr. Takats says that his boyfriend had stepped away to recover a lost item when four people, two men and two women, menaced him, shouting, “What are you looking at?” and hurling anti-gay epithets at him. The blow to his head and kicks to his body stunned him, and the next thing he remembered was his boyfriend trying to revive him. In part, Mr. Takats’ account is as follows: “As the males approached me they started swinging. I immediately put up my hands, in front of my face, to protect myself. At that time, clearly out of nowhere, one of the males struck me in the back of my head. I was kicked till I fell to the ground by either the same (or the other) male. At that time, I heard one of the females scream ‘Stop that!’ The group ran away from the scene. I was completely shocked, hurting and confused and I began crying.” Project Q Atlanta has a Mr. Takats full statement online. The Daly case entered a new phase last week when the FBI and the local police began investigating whether that attack on Mr. Daly was a hate crime. The Anti-Defamantion League has issued a press release praising the move on the part of law enforcement. Bill Nigut, Southeastern Regional Director of the ADL said, “If this is a hate crime, prosecution under the new law will send a strong statement to the people of Savannah that violence against gays will not be tolerated.” Georgia Equality has learned from hard experience that the Savannah-Chatham Police Department has often been demeaning and unresponsive to LGBT complaints. Kevin Clark, Georgia Equality’s Savannah Chapter head, told WSAV News 3 that these attacks are just the latest installments in a pattern of violent anti-gay hate crimes in Savannah over the last five years. Speaking to a protest rally of 150 citizens calling for justice in the Kieran Daly gay bashing case, Clark said, “It should only take one or two individuals who have been attacked or know of others who have been attacked to get the attention of someone in leadership in this community– that in our opinion should have stepped forward way before now and condemned the violence and put out a loud call for swift just action here.” Savannah is a “military city,” close to the Marine Corps Air Station in nearby Beaufort, South Carolina, where both of Daly’s alleged Marine attackers were stationed. But what sets Savannah apart from other cities with large military bases nearby, according to Jim Morekis of Connect Savannah, is its “large and influential gay community.” Morekis concluded his op-ed piece, “Let’s hope that the two Marines who attacked Daly receive a fair trial, and if found guilty receive a punishment suited to the crime. And let’s hope that society, and the military, can continue to move beyond ignorance and prejudice. A good start would be for the Georgia legislature to put a fair hate crime law on the books so we can join the rest of the nation.”
FBI Asks, “Marine Gay Bashing A Hate Crime?”
Savannah, GA – The FBI is investigating last Saturday’s brutal assault case of a gay man by two U.S. Marines as a possible hate crime, according to the islandpacket.com and the Beaufort Gazette. As reported in this blog, 26-year-old Savannah man, Kieran Daly was allegedly battered unconscious by two Marines stationed at the nearby Marine Corps Air Station in Beaufort, South Carolina because the victim “winked at them.” The cause cited by the Marines, one of whom is a lance corporal and the other a corporal, has ignited a storm of controversy in the LGBT community and beyond. Keil Joseph Cronauer, 22, and Christopher Charles Stanzel, 23, were arrested by Savannah-Chatham Police near the site where the victim was knocked unconscious on the pavement in the downtown area of the city. According to police reports, the two Marines were fleeing the scene when they were apprehended. Daly, the victim, insists that he never harassed the Marines in any way, and that their allegation that he “winked” at them in a flirtatious was was because he was squinting from fatigue. As he walked away from them to diffuse the argument, one of the Marines shouted a homophobic slur at him and slugged him in the back of the head with a fist, causing seizures and brain bruising. Witnesses corroborate Daly’s story, according to the police report, contending that the Marines were the aggressors in the argument and the attack. Daly is still hospitalized from his injuries. Cronauer and Stanzel were taken to the Chatham County Jail. The pair were charged with misdemeanor battery and their bond was set at $1,850. They were released from the jail later on Saturday to military police, according to the jail log. If military investigators deem the crime serious or if the charges in Georgia are elevated, the two also could face court martial, Gunnery Sergeant Chad McMeen, spokesman for the USMC, said. With the controversy surrounding repeal of Don’t Ask, Don’t Tell in the daily news, and the outspoken opposition to LGB people serving openly in the military, activists are alleging that homophobic attitudes may have played into the hair-trigger attack of the Marines against their victim.








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. 

