Senate Acts on Matthew Shepard Act: Bill Goes to Obama’s Desk
Washington, DC – In a historic vote Thursday, the United States Senate voted 68-29 to approve the Matthew Shepard Act, broadening federal protection from hate crimes to LGBT people. The Shepard Act, which had already passed in the United States House of Representatives two weeks ago by a similarly wide margin, was approved by the upper house as a part of a mammoth Defense Appropriations Bill. President Obama has repeatedly signaled that he favored extending hate crimes protections to LGBT people, and is expected to sign the bill as early as next week. Senator Patrick Leahy, (D) Vermont, a sponsor of the bill, said to the New York Times “Hate crimes instill fear in those who have no connection to the victim other than a shared characteristic such as race or sexual orientation. For nearly 150 years, we have responded as a nation to deter and to punish violent denials of civil rights by enacting federal laws to protect the civil rights of all of our citizens.” Leahy also noted how appropriate a tribute the passage of the Shepard Act is to the late Senator Edward M. Kennedy, who championed the cause of equality for LGBT Americans for many years. Ten Republicans voted with the Democratic majority for the passage of this historic legislation. The lone Democratic Senator to vote against passage was Russ Feingold, (D) Wisconsin, who favored the Shepard Act, but opposed the increased funding of the military action in Afghanistan. The Shepard Act commits $5 million annually to the Justice Department to assist local communities in investigating hate crimes, and it allows the agency to assist in investigations and prosecutions if local agencies request help. It also permits the Justice Department to carry out hate crimes investigations in localities where law enforcement neglects or stymies such action for prejudicial reasons. Judy Shepard, the mother of Matthew Shepard, the 21-year-old University of Wyoming student for whom the Act was named, has been a tireless advocate for the passage of hate crimes protections for LGBT people since Matthew was slain by two young men in Laramie in 1998. Speaking to the press, she said, “Dennis and I are extremely proud of the Senate for once again passing this historic measure of protection for victims of these brutal crimes. Knowing that the president will sign it, unlike his predecessor, has made all the hard work this year to pass it worthwhile. Hate crimes continue to affect far too many Americans who are simply trying to live their lives honestly, and they need to know that their government will protect them from violence, and provide appropriate justice for victims and their families.” All eyes now turn to President Obama for his signature that will enact the Matthew Shepard Act into law, the most significant lift to the LGBT community in the United States in forty years.
U.S. House Approves Matthew Shepard Act
Washington, DC – In a vote that marks the first major expansion of protection under the law in 40 years, the House of Representatives voted to approve the Matthew Shepard Act on Thursday. The Shepard Act, attached as an amendment to a Defense Appropriations Bill, extends protection to LGBT people from bias-related physical violence. A similar provision faced the threat of a veto from President Bush in a recent Congress, even though it passed the House by a comfortable majority. This time around, President Obama has signaled his eagerness to sign the Shepard Amendment into law, as soon as it receives a favorable vote in the U.S. Senate. That vote is expect soon. Protections from hate violence for LGBT Americans have been opposed by congressional Republicans and their allies, usually on the pretext that the addition of the Shepard Act to a defense bill is inappropriate “social engineering,” a “poison pill,” and that the provisions of the Act would serve as a sort of Trojan Horse, making LGBT behaviors “normative.” Some religious critics have argued that the Shepard Act would gag ministers and priests who oppose homosexuality on moral or doctrinal grounds, abrogating their First Amendment right to freedom of speech and to the free exercise of religion, making vocal opposition to LGBT behaviors criminal. Proponents of the legislation counter that the language of the Shepard Act has been carefully crafted to criminalize only acts of physical violence, leaving all First Amendment rights fully intact. The Los Angeles Times reported Thursday that House Speaker Nancy Pelosi (D-California) and openly gay Congressman Jared Polis (D-Colorado) hailed the passage of the Act in the House. Pelosi said, “It’s a very exciting day for us here in the Capitol,” noting that attempts to pass such a law had gone on for her 22-year tenure in the House of Representatives. Polis argued that critics of the Shepard Act seem not to understand the impact of anti-LGBT hate violence beyond the individual victims. “What makes these crimes so bad is they are not just crimes against individuals; they are crimes against entire communities,” he said during the debate on the defense bill. The measure passed the House by a vote of 281 to 146. 237 Democrats and 44 Republicans voted in the affirmative. 131 Republicans and 15 Democrats opposed the bill. “We are closer than ever before to protecting Americans from hate violence thanks to today’s action by the House,” said Joe Solmonese, head of the Washington, D.C.-based LGBT advocacy group, the Human Rights Campaign. “The day is within sight when lesbian, gay, bisexual and transgender people will benefit from updating our nation’s hate crimes laws.”
Anti-Transgender Violence Hot Topic for LGBT Community
New York City – The Associate Press reports that a major anti-transgender violence forum slated for October 7 will address the rising incidence of attacks against transgender New Yorkers. Brooklyn Law School is hosting the forum,which will be attended by the family of Lateisha Green, transwoman of color, who was murdered in Syracuse last year. Her convicted killer, Dwight DeLee, was convicted of manslaughter in her shooting death three months ago. The conviction was the first under New York State’s hate crimes law, sending a message to perpetrators of violence against transgender people that transphobic attacks will no longer be tolerated in the Empire State. The Transgender Legal Defense and Education Fund, organizers of the Brooklyn forum, point out that transgender people face increasing degrees of “pervasive discrimination, harassment and violence.” Statistics gathered by transgender advocacy groups note that 12% of all violent attacks against LGBT people in 2008 were perpetrated against transgender people. As Joseph Erbentraut, Great Lakes Regional Editor for EDGE reported earlier this week, Lesbians, Gay Men, and Bisexuals are complicit in these crimes of violence because of prejudices they hold against gender non-conforming people. Activists agree that lesbians, gay men, and bisexuals are hardly immune from the prejudice vented against transpeople by the society. Each group too easily absolutizes the gender presentation they are familiar and comfortable with. Jokes and slurs aimed by LGB people against transgender people, calling them “trannies” or “drag queens” differ little from the epithets cast at them by straight haters. While actual instances of anti-trans violence by LGB people are rare, the bias is symptomatic of a tragic lack of awareness that all prejudice against members of the sexual minority is interconnected. The Lateisha Green case, however, is a source of hope in New York. While the conviction of DeLee was based on anti-gay epithets he used while murdering Green rather than transphobic ones, the severity of the first-degree manslaughter sentence woke the Empire State legal community up, and began a movement to add transphobic language to the hate crimes penal code as well as homophobic speech. The precedent-setting case sends a message that attacks against transgender New Yorkers will no longer be tolerated. Erbentraut reports that all sources he contacted agreed that the most effective way to blunt anti-transgender violence would be the swift passage of comprehensive hate crimes protections and employment security legislation at the federal level, such as the Matthew Shepard Act, now in the House-Senate conference process, and the recently introduced Employment Non-Discrimination Act.
Murder Most Foul: Transgender Holocaust in the United States
Chicago, IL – The Great Lakes Regional Editor of EDGE reports that the slaughter of transgender persons in the United States has already gone 12 per cent higher than last year at this time, and the grim statistics are growing. Joseph Erbentraut, in his important essay, “Violence Against the Transgendered Only Getting Worse,” published on edgeonthenet.com, notes that the silence and invisibility common to LGBT hate crime murders is intensified for transgender Americans. As in the case of Paulina Ibarra, the lives of transgender victims are often ignored until a more culturally sensational aspect of the crime surfaces, as it did in the August stabbing death of the East Los Angeles Latina transwoman when a known parole jumper surfaced as a “person of interest” in the investigation. Until then, Ibarra’s brutal murder was largely neglected, even by the LGBT press, and her life has been reduced to a string of seamy innuendoes and a few glam photos. Other notorious instances this year have been the broad-daylight attack on Ty’lia “Nana Boo-Boo” Mack in D.C. last month, Lateisha Green, shot to death in Syracuse, NY last November, Angie Zapata, bludgeoned to death with a fire extinguisher in Greeley, CO last July, and Duanna Johnson and Ebony Whitaker who died on the streets of Memphis, TN last November and July, respectively. According to Erbentraut, the media are largely to blame for this stunning neglect of one of the most important human rights stories of 2009: “Underreporting from official statistics leaves the issue in the hands of media outlets, which have historically been known for problems identifying victims’ genders through using incorrect names and pronouns,” he writes. “The past year has also seen a number of examples of media programs condoning violence against the community,” Erbentraut continues, “including a radio news program on KRXQ Sacramento which referred to gender dysphoric children as ‘idiots’ and ‘freaks.’ Co-host Arnie States said he ‘[looked] forward to when [transgender children] go out into society and society beats them down…'” While 32 states have some form of hate crime legislation that increases the penalty for violence against LGB people, only 11 have statutes covering their transgender population. Only Brazil, with 80 transgender murders this year, has a larger number of transgender killings than the United States. Until gays, lesbians, and bisexual people and their allies begin to take violence against transgender people, especially transgender people of color, as seriously as they do crimes against themselves, this deplorable trend will surely continue.
Transgender Latina Stabbed to Death in Los Angeles: Story of Injustice
Los Angeles, CA – Paulina Ibarra, transgender Latina, was found stabbed to death in her apartment in East Los Angeles on August 28. The transgender community quickly moved to help the LAPD identify a “person of interest,” 24-year-old Jesus Catalan, who is wanted for jumping parole. Police as of this writing are still seeking Catalan to question him in regards to Ms. Ibarra’s murder, believing him to have been at the scene of the crime. While the LAPD has not definitively determined that her murder is a transphobic hate crime, the case is being investigated as if it were, according to Officer Sara Faden. According to the Los Angeles Daily News, all the LAPD is willing to say at this point is that a suspect, or suspects, apparently entered Ibarra’s home, “engaged in a physical confrontation, resulting in the victim being stabbed to death.” Victoria Ortega, transgender community leader and activist, told ABC 7 News that the Los Angeles trans community won’t stand idly by and let a killer get away: “We’re here to say that we’re not going to let somebody come in here and kill one of our members and let it happen and let it be forgotten.” Innuendo has been used to downplay the Ibarra murder, such as suggestions that Catalan, who allegedly frequented prostitutes may have been in Ms. Ibarra’s apartment for that purpose. Such tactics in the press often diminish the victim in the eyes of the public, and just as often are later shown to be false, after the damage to the story, the investigation, and the character of the victim is already done. Added to such reductionistic tendencies in press reports are factors in Ms. Ibarra’s identity, that she was non-white, transgender, and Latina. The cumulative effect of these downplaying tendencies in the press and in public consciousness is subtly to blame the victim for her own demise, an insidious injustice. While the story of the search for Catalan achieved moderate coverage in the mainstream media, and a bit more in the LGBT press, no follow-up news has been forthcoming on Ms. Ibarra, another indication that her death is being downplayed as less significant than if she were a white, straight male with a family. The murders of transwomen of color have reached an epidemic proportion in the United States, a newsworthy item that is largely unknown because of cultural and media insensitivity.
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.”
NC Gay Bashings Alarm Wilmington and Greensboro

Chaz Housand shows gay bashing injuries (Paul Stephen photo for StarNewsOnline)
Wilmington, NC – Protesters are calling for hate crime protection for the LGBT community in New Hanover County, the heart of Coastal Carolina country, after two gay men were brutally beaten unconscious last month. Three men shouting anti-gay slurs attacked Chaz Housand and Chet Saunders as they walked out of the door of a popular Front Street bar in the early morning of July 17, according to witnesses at the scene. StarNewsOnline reports that just after 2 a.m., witnesses flagged down a police officer to tell him that two young men had been beaten. Both Housand, 22, and Saunders, also 22, had no recollection of the attack. “The last thing I remember,” Housand told reporter Dave Reynolds, “I was walking out of the door. Then I remember waking up in the hospital.” The only thing the victims can think motivated the attack was their sexual orientation. The recollection of the eyewitnesses, and the severity of the wounds inflicted on the two gay men seem to substantiate that suspicion. According to the police incident report, a witness remembered one of the suspected attackers shouting, “This is our town!” as he struck Housand and Saunders. Three suspects were arrested by the police in short order and charged with the assault: Jong Tae Chung, 27; Melvin Lee Spicer, 25; and Daniel Minwoo Lee, 21. While North Carolina does not have a hate crime law that covers sexual orientation, District Attorney Ben David told Star News that a judge may very well increase the charges from a misdemeanor to a felony in light of the brutality of the attack and the extensive injuries sustained by the victims. Bones in Housand’s face were broken and he suffered deep cuts above his eye and around his mouth. Saunders suffered a concussion and internal bruising, and he has still not recovered the motor skills needed to use a knife and a fork to feed himself as of July 27. Housand, who had been celebrating his birthday with his friend just before the attack, told reporters that as a university student, he had been involved in social action to change North Carolina’s hate crimes statute to include sexual orientation, but never imagined he would be personally involved in a hate crime. Public Radio, WHQR FM, reports that the downtown beating last month ignited protests by LGBT people and straight allies outside the New Hanover County Courthouse August 24. Outraged by the bashing, locals are calling on the state to protect LGBT citizens. Some in the LGBT community are convinced that the attack was hate-motivated due to the hallmark overkill of the assault. Lynn Casper, one of the courthouse protesters, said that everything about the bashing indicates that it was about homophobia, and gay people in Wilmington are frightened. “I’ve heard a lot of people talk in the queer community,” Casper told reporters. “They’re a lot more scared now.” Wilmington, the largest city on the Carolina coast, is no stranger to anti-LGBT murder. Lesbian Talana Quay Kreeger, 32, was manually disemboweled by a trucker in 1990. Tab Ballis, a local documentary filmmaker, is working to complete a film telling her story, called “Park View.” Now, LGBT people across the Tarheel State are worried that bias crimes against anyone perceived to be gay are on the rise. In Greensboro, the largest city in the Piedmont, a 25-year-old Pilot Mountain man was attacked on July 4 by a group of young men yelling anti-gay epithets. Matt Comer of Q Notes reports that the as-yet unidentified victim was merely thought to be gay by his assailants who targeted him as he left a popular gay night club with two gay friends. The victim was struck on the back of the head and knocked to the ground. His friends ran to find help. Greensboro Police have arrested Tyren Hassan McNeill, 25, and charged him with felony aggravated assault.
Green’s Murderer Gets 25 Years for Transgender Hate Crime

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

Trinidad, CO – The Pueblo Chieftain and the Examiner.com report that on July 15, 2009 a transsexual person was attacked in a hate crime reminiscent of the murder of Angie Zapata, an 18-year-old transgender woman who was bludgeoned to death in Greeley, CO last year. The victim, a 25-year-old M to F person in transition was lodging in the Trinidad Motor Inn awaiting consultation on gender reassignment surgery when she was targeted by a suspect identified as Marcus Lee Watlington. No age or hometown of the suspect has been announced by the Trinidad police. Police have reported that Watlington denies any part in the crime. According to reports on the scene, the victim was pushed into her motel room by the attacker after answering her door. He verbally denigrated her because of her identity, and proceeded to force sex acts on her. He then raped her, using a wooden coat hanger to assault her sexually. To finish the job, the attacker then plunged the victim in a full tub of water in the bathroom, and attempted to execute her by tossing an electric hair dryer into tub with her. The breaker blew, preventing a fatality. Frustrated in his attempt to murder the victim, the assailant dragged her back to the bed, bound her with a phone cord, slapped her repeatedly, and warned her not to come back to Trinidad because her “kind” were not wanted there. The victim stayed bound in the bed until she was discovered late the next morning. Her description of the attacker was detailed, and according to police, fit Watlington “to a T.” Anti-trans hate crimes are notable for their brutality and for the abject disregard of the humanity of the victim, and transgender persons are particularly vulnerable to anti-gay as well as anti-trans bias, according to the Colorado Anti-Violence Program (CAVP). If charged with the crime, Watlington would face sexual assault, attempted murder, and “false imprisonment” charges. The Chieftain noted that Trinidad, which is a center for transsexual reassignment surgery, has a larger than usual population of transgender persons who are drawn to the town because of the famed practice of Dr. Stanley Biber. The surgical practice, now run by Dr. Marci Bowers, carries out as many as four sexual reassignment surgeries a day, making Trinidad known as “The Sex Change Capital of the World.” Local police report that crimes against transgender persons are rare in the town of 9,000. While it is still unclear about whether hate crimes charges will be filed in this case, Colorado does have a hate crime statute that covers anti-transgender crimes. Allen Ray Andrade, found guilty of the murder of Zapata earlier this year, was sentenced to life in prison by the Colorado hate crimes law, and is believed to be the first person to be successfully prosecuted under such a statute in the United States. The Unfinished Lives Project awaits further developments in this case.


Summer 2009 – Dr. Sprinkle responded to the Fort Worth Police Department and Texas Alcoholic Beverage Commission Raid on the Rainbow Lounge, Fort Worth’s newest gay bar, on June 28, 2009, the exact 40th Anniversary of the Stonewall Rebellion. Dr. Sprinkle was invited to speak at three protest events sponsored by Queer LiberAction of Dallas. Here, he is keynoting the Rainbow Lounge Protest at the Tarrant County Courthouse on July 12, 2009. 


Protecting Wretches: Why Freedom of Speech Belongs to Fred Phelps, Too
Share this:
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