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.
Vicious Queens, NY Attack Highlights Need for a Federal Hate Crimes Law

Jack Price speaks from his hospital bed (NY Daily News photo).
Queens, NY – Two attackers beat a 49-year-old gay man within an inch of his life in the early morning hours of Friday October 8 near a 24-hour delicatessen where he had stopped to buy a pack of cigarettes. Jack Price, described by friends as a likable man who went out of his way to help members of the community, was assaulted in the middle of the street in full view of the deli’s surveillance camera. Two neighborhood men who allegedly carried out what authorities are calling a hate crime attack, Daniel Rodriguez, 21, and Daniel Aleman, 26, were identified by investigators from a close review of the surveillance video, punching, stomping, kicking, and slapping the victim. Aleman was taken into custody and arraigned on October 11, and Rodriguez, who fled the state, was arrested in Norfolk, VA on October 13. Both men are charged with felony hate crime assault. The victim, who fought for his life in ICU at New York Queens Hospital, suffered a broken jaw, fractured ribs, a lacerated spleen and a collapsed lung in the beating. He recovered enough to describe the crime scenario to reporters for the New York Daily News from his hospital bed. As he was on his way home, Price said, he saw Rodriguez and Aleman, both of whom he recognized from the College Point Queens neighborhood, approaching him. In Spanish, the two men called Price “a stupid f_____” and “a dumb f_____,” not realizing that Price spoke Spanish and could understand them. Price stepped into the deli to buy cigarettes, thinking that his two assailants would leave, but they were waiting for him in the street when he came out of the shop, and reignited the confrontation. Price recalled that one of the men threatened him, “I know where you live, f_____.” The second man added, “You better run away before he kills you.” Then the physical attack commenced. Miraculously, he somehow survived the savage beating and managed to get home before losing consciousness. Though Price says he does not remember very much about the beating, he says that when he regained consciousness in the hospital, he was surprised and relieved to be alive. As for his alleged attackers, Price told the Daily News, “I hope they rot in jail…I don’t understand how someone can do this to somebody. They almost killed another human being.” City officials immediately decried the attack as an anti-gay hate crime, including City Council Speaker Christine Quinn, NY City Police Commissioner Raymond Kelly, and City Councilmember John Liu.

Leviticus 18:22 tattoo (News 7 photo).
They are calling for the full penalty appropriate to a hate crime assault to be applied to the attackers, if proven guilty. Hundreds of local citizens marched in protest of the attack, calling for an end to anti-LGBT violence in New York City on October 17. Supporters of Rodriguez and Aleman have mounted their own rally, denying that the “incident” was a bias-motivated crime, according to yournabe.com. Both the father and sister of Rodriguez have denied that he is anti-gay. One of Rodriguez’s chief supporters proudly sported a tattoo on his forearm bearing a quotation from the Hebrew Scriptures, Leviticus 18:22, “You shall not lie with a male as one does a woman. It is an abomination.” While the tattooed supporter denied that homophobia was a motivation in the assault, he said he has no problem with punishing gay people for their behavior.
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.
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.”
Protest Calls for Passage of NC Hate Crimes Protections for LGBT Tarheels
New Hanover County, NC – In the wake of a violent attack on two gay men in Wilmington, NC in July, protestors gathered Thursday to repeat their call for the passage of hate crimes protection for LGBT North Carolinians. Chaz Housand and Chet Saunders were beaten outside a popular bar on Front Street in Wilmington after celebrating their graduations. Three suspects are charged with the attack, which witnesses say was accompanied by virulent anti-gay slurs as the two men were beaten senseless and left on the sidewalk. Both sustained considerable injuries, and investigators on the scene suggested that more serious harm might have been done had witnesses not intruded on the attackers. Tab Ballis, an independent documentary film maker and local human rights leader told WWAY News, “In downtown there is a lot of general violence, but this violence by three assailants was directed towards these two men because of the perception that they were gay.” Protestors point out that North Carolina is one of sixteen states that does not protect LGBT people against hate crimes, and they want the State Legislature to pass a statute criminalizing anti-LGBT bias crimes in the Tarheel State. Assistant District Attorney James Blanton told WWAY News that though North Carolina does have laws protecting people from attacks against them because of race, religion, or country of origin, “Sexual orientation is not one of the protected classes. If someone commits a misdemeanor assault based on the fact that the victim has a different sexual orientation that they’re not satisfied with, it would not bump it up to a felony.” The Safer Communities Act, North Carolina State House Bill 207, would provide protection based on victims’ sexual orientation, as well as for gender and disability. Human rights advocates are concerned that the three alleged attackers will not face appropriate punishment for their actions because the statute is not yet law in North Carolina. Ballis went on to say, “Hate crimes are based on fear, ignorance, and misunderstanding. And I think we all believe that folks that pay taxes deserve to be safe in their own community.”
Justice for Jimmy Lee Dean: Both Attackers Now Sentenced

Jimmy Lee Dean, Victim of Brutal Attack
Dallas, TX – The second man who nearly beat Jimmy Lee Dean to death in July 2008 has been sentenced to 75 years in prison. Bobby Jack Singleton, 30, faced his fate August 27 in Dallas County’s 194th District Court. The co-defendant in the case, Jonathan Russell Gunter, 33, received a 30-year sentence for the crime in March of this year. The Singleton sentence means that the jury understood the severity of the crime against Mr. Dean, who has been permanently disfigured and lost his entire sense of smell due to the attack. The earliest Singleton can be paroled is 37 1/2 years under Texas law. There is no penalty attached to an LGBT hate crime in Texas, though the Dallas Police who investigated the attack, which occurred just a block off the major LGBT entertainment strip in the city, treated the crime as anti-gay from the beginning. Had the Matthew Shepard Act been law at the time of the case, there would have been another recourse for law enforcement to take. Dean said that he was satisfied by the sentence. Testimony in the trial revealed that the co-defendants had drunk five pitchers of beer at a North Dallas bar before getting up the courage to travel to the Oaklawn/Cedar Springs area to rob gay people because the perpetrators were “low on cash” and believed gay men could be more easily robbed. Gunter took a gun with him and brandished it at Dean, a 17-year resident of the Oaklawn neighborhood, on a darkened section of Dickason Street. Singleton, however, did most of the severe damage to Dean as he lay unconscious on the sidewalk,

Gunter (l), Singleton (r)
kneeing him, kicking him, and stomping on his face with his boots while yelling anti-gay slurs at his helpless victim. The jury heard taped phone conversations between Singleton and his half-sister while he was in jail awaiting trial, in which he laughed about Dean’s nose hanging on by a flap of skin, and claimed that he was going to pretend he was gay so that the punishment might be lighter on him. “All I got to do is fill out one of them homosexual cards and prove that I’m a faggot, too,” he said. He went on to his half-sister that if he were sentenced to prison, he could just tell the corrections officers that he was “not really a fucking faggot” so that he could skip being housed in protective custody. Dean said to Dallas Voice reporter John Wright, “This [sentence] sets a precedent for anything like this that happens. He also said that no one should be a target of violence for any reason, including one’s sexual orientation. What now remains to be done is support for Mr. Dean in the months and years that follow this trial. LGBT presence at both the Gunter trial and the Singleton trial was sparse. Dean and his longtime roommate, Thomas Bergh, are contemplating moving to Oklahoma, away from the scene of the attack. Dean told reporters that when he walks along Dickason Street these days, he has to walk down the middle of the street, and not on the sidewalk where the two Garland, TX men nearly killed him. Like so many victims before him, Dean will live with the nightmares and the physical consequences of the attack for the rest of his life. It is not enough for the LGBT community to shrug shoulders now that that last trial has been held, and assume Dean can just go from this point vindicated. Dallas has to face its hate-crime problems, as the Dean case, and the Richard Hernandez case have both shown in recent months. One way to do that is to get support for Jimmy Lee right from here on out.





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. 


Protecting Wretches: Why Freedom of Speech Belongs to Fred Phelps, Too
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September 26, 2009 Posted by unfinishedlives | bi-phobia, Bisexual persons, gay men, harassment, Hate Crimes, Heterosexism and homophobia, Kansas, Law and Order, Lesbian women, Matthew Shepard Act, military, Monuments and markers, Perpetrators of Hate Crime, Politics, Popular Culture, Protests and Demonstrations, religious intolerance, Slurs and epithets, Social Justice Advocacy, Special Comments, transgender persons, transphobia | bisexuals, freedom of speech, gay men, harassment, Heterosexism and homophobia, Kansas, Law and Order, legal rulings, Lesbians, Maryland, Matthew Shepard Act, perpetrators, protests, religious hate speech, religious intolerance, Special Comment, transgender persons, transphobia | Comments Off on Protecting Wretches: Why Freedom of Speech Belongs to Fred Phelps, Too