President Obama Keeps Promise, Signs Shepard/Byrd Hate Crimes Prevention Act
Washington, DC – 20 years of advocacy and struggle issued today in a powerful moment when President Barack Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law. USA Today reported the comments of the President, both at the signing event, and at a later ceremony honoring the new law. “After more than a decade of opposition and delay, we’ve passed inclusive hate crimes legislation to help protect our citizens from violence based on what they look like, who they love, how they pray or who they are,” Obama said as he signed the Act. Commenting later in the day, he said to supporters of the new law, “No one in America should ever be afraid to walk down the street holding the hand of the person they love.” He then cited statistics that in these past 10 years since the hate crime murder of Matthew Shepard, there have been more than 12,000 hate crimes based on sexual orientation. “We will never know how many incidents were never reported at all,” the President concluded. Social justice advocates from all over the nation hailed the moment, as well. The Human Rights Campaign, the nation’s largest LGBT rights advocacy organization, reported that representatives of the Shepard family and the Byrd family were present at the signing event with the President. Judy Shepard remarked, “We are incredibly grateful to Congress and the president for taking this step forward on behalf of hate crime victims and their families, especially given the continuing attacks on people simply for living their lives openly and honestly. But each of us can and must do much more to ensure true equality for all Americans.” Stella Byrd, mother of straight African American hate crime victim, James Byrd, Jr., for whom the Act was also named, followed Mrs. Shepard with her remarks, “We appreciate everyone who worked so hard on this bill. My son was taken at such an early age and we hope this law will help prevent other families from going through what we experienced. Even though we’re different colors and different sexual orientations or gender identities, God made us all and he loves us all.” According to other reports, Damien Skipper, brother of slain gay Floridian Ryan Keith Skipper, and Elke Kennedy, mother of Sean Kennedy, murdered gay hate crimes victim from Greenville, South Carolina were among other bereaved family members present at the events. HRC President Joe Solmonese made these observations to the press: “This law honors our lesbian, gay, bisexual and transgender brothers and sisters whose lives were cut short because of hate. Today’s signing of the first major piece of civil rights legislation to protect LGBT Americans represents a historic milestone in the inevitable march towards equality. Although this is a major step in fighting the scourge of hate violence, it is not the end of the road. As a community, we will continue to dedicate ourselves to changing not only laws but also hearts and minds. We know that hate crimes not only harm individuals, but they terrorize entire communities. After more than a decade of advocacy, local police and sheriffs’ departments now have the full resources of the Justice Department available to them.” Solmonese concluded, “We applaud President Obama for signing this bill into law and thank the leadership and our allies in the House and Senate. We also will always remember the tireless efforts of Senator Edward Kennedy on this issue. Senator Kennedy once said that this legislation sends ‘a message about freedom and equality that will resonate around the world.’ This marks the first time that we as a nation have explicitly protected the LGBT community in the law. And this law sends a loud message that perpetrators of hate violence against anyone will be brought to justice.”
Not only was this an historic moment in the history of human rights advocacy in the United States. The action of President Obama marks a significant milestone in the relatively short history of his administration. The enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is the first major promise to the LGBT community that the President has kept. During his campaign for the presidency, Obama repeatedly made promises to LGBT people that he would expand, protect, and defend their rights. Many LGBT activists have been critical of the seeming slowness of the President and the Congress to keep faith with homosexual and transgender Americans, who voted in record numbers to support the Democratic ticket this past year. Many other important promises remain unfulfilled by the Obama administration: enactment of the Employment Non-Discrimination Act (ENDA), repeal of Don’t Ask, Don’t tell (DADT) which the Secretary of the Army suggests is now doable, and repeal of the Defense of Marriage Act (DOMA). The enactment of the Shepard/Byrd Act, however, is a powerful indication the President will make his promises good to some of his most loyal supporters, and the significance of this day should not be lost on his LGBT critics.
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.
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.”
Ted Kennedy, Tireless LGBT Advocate, Dies at Age 77
Senator Edward M. Kennedy, legendary liberal Lion of the United States Senate, has died of brain cancer at age 77 in Hyannis Port, Massachusetts. The Kennedy family has issued this statement to the public: “Edward M. Kennedy – the husband, father, grandfather, brother and uncle we loved so deeply – died late Tuesday night at home in Hyannis Port. We’ve lost the irreplaceable center of our family and joyous light in our lives, but the inspiration of his faith, optimism, and perseverance will live on in our hearts forever. We thank everyone who gave him care and support over this last year, and everyone who stood with him for so many years in his tireless march for progress toward justice, fairness and opportunity for all. He loved this country and devoted his life to serving it. He always believed that our best days were still ahead, but it’s hard to imagine any of them without him.” Kennedy was diagnosed with an aggressive form of brain cancer in May 2008. The LGBT community has lost a great champion for human rights. A true ally of sexual minorities, Kennedy lobbied for rights and protections for all Americans. As recently as July 13, 2009, he made these remarks in favor of the Senate passage of the Matthew Shepard Hate Crimes Prevention Act, of which he was a sponsor: “Violent attacks based on race, color, religion, national origin, gender, sexual orientation, gender identity, or disability deserve to be criminalized by federal law. Our nation must show that it will not permit these communities to be terrorized – one victim at a time. Over 10 years have passed since the Matthew Shepard Hate Crimes Prevention Act was first introduced in the Senate. Over 10 years have passed since Matthew Shepard was robbed, pistol whipped, tortured, tied to a fence, and left to die because he was gay. I commend Matthew’s mother, Judy Shepard, for her years of inspiring advocacy that have brought us to this moment. Now is the time for the Senate to vote and show that we will not allow domestic terrorism to tear apart the fabric of our nation and take the lives of innocent Americans. I urge my colleagues in the Senate to follow their hearts and minds and vote in favor of this legislation.” Perhaps Kennedy will be best remembered for his unstinting advocacy for universal healthcare, “the cause of his life,” that was on his mind as he fought a losing battle with cancer. He took responsibility for his personal appetites and flaws, showing the nation he loved that he deserved our respect and affection because imperfect people can do magnificent things. He was born to privilege, but instead chose to serve, becoming one of the few greats in the history of the Senate. When Webster, Clay, Calhoun and Taft are honored in years to come, Kennedy will be remembered among them. Teddy Kennedy, the passionate defender of women, LGBT people, the poor, and the infirm, fought the good fight. It would be only fitting to note on his epitaph that among his posthumous legislative achievements were the Matthew Shepard Act and the Universal Healthcare Act. To inscribe them there must now be our labor of love and respect for Teddy, the People’s Lion.
Harvey Milk Awarded Presidential Medal of Freedom
Washington, DC – Jennifer Vanesco of 365gay.com reports that Harvey Milk, slain San Francisco City Supervisor, will be among 16 recipients of the Presidential Medal of Freedom on August 12, according to the White House. Milk, gay human rights icon, was shot to death by disgruntled former city supervisor Dan White along with San Francisco Mayor George Moscone on November 27, 1978. Milk will be recognized along with Billie Jean King, lesbian tennis great, and a stellar list of others whom the White House calls “agents of change”: Nancy Goodman Brinker, the founder of Susan G. Komen for the Cure, the world’s leading breast cancer awareness organization; Stephen Hawking, the internationally-recognized theoretical physicist; Sen. Edward M. Kennedy; Desmund Tutu; Chita Rivera; Mary Robinson, the former President of Ireland; and Sidney Poitier. Harvey Milk’s profile has risen steadily in the nation since the release of the major motion picture, Milk, directed by gay film maker Gus Van Zandt, and written by gay screen play author Dustin Lance Black. The timing of the film’s release, during the heat of the marriage equality battle in California over Proposition 8, introduced Milk to a whole new generation of emerging LGBT human rights 
advocates. Milk’s refusal to “blend in,” his demand that gay people come out openly as a tool of social change, and his willingness to hold accommodationist gay and lesbian leaders as well as straight lawmakers accountable to the gay liberation movement has inspired street activism today on a scale not seen since the 1980s protests over the AIDS crisis during the Reagan Administration. Now, Cleve Jones, a close associate of Milk’s who is also portrayed in the film, is organizing a national LGBT march on Washington, set for October 10-11, 2009, the first major queer march on the nation’s capitol since 1993. The Presidential Medal of Freedom, along with the Congressional Gold Medal, are the highest awards that may be given to a civilian in the United States of America. It is awarded to persons who in the estimation of the President have made “an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors.” Milk will be the first victim of an anti-LGBT hate crime murder to be awarded this honor, a significant gesture on President Obama’s part as the Matthew Shepard Hate Crimes Prevention Act moves toward enactment into law this fall.
Obama Administration Full Court Press Removes F-22 Funding, Clears Way for Passage of Matthew Shepard Act Amendment
Washington, DC – In a lobbying effort that Senator John McCain, President Obama’s former rival for the White House, credited for the number of votes necessary to win, the Obama Administration influenced the Senate to cut funding for the controversial F-22 Raptor fighter jet program. The DOD appropriations bill now is set for passage, inclusive of the Matthew Shepard Hate Crimes Prevention Act Amendment, extending federal anti-bias protection to LGBT people for the first time in American law. The Associated Press reports that Rahm Emanuel, President Obama’s Chief of Staff, Vice President Joe Biden, and Defense Secretary Robert Gates joined the President in lobbying the Senate, contending that the F-22 twin engine fighter is obsolete, and enough of them now exist to tide the country over until production of the F-35 fighter jet, now in the testing stage. In a move opposed by the Human Rights Campaign and other LGBT advocacy groups, however, three “unwelcome” death penalty amendments were attached to the Matthew Shepard Act yesterday by voice vote, angering gay and lesbian activists by weighting down anti-hate crime legislation with an extension of the death penalty which they say is opposed to the whole nature and intent of the legislation. The offending amendments were proposed by right-wing Senator Jeff Sessions of Alabama. The HRC has called for all these amendments to be removed from the final bill by the House and Senate conference committee that will reconcile the legislation passed by both houses of Congress, in the event that the DOD appropriations bill passes the Senate in its present death-penalty-amendment-inclusive form.
Do The Right Thing on Hate Crimes Legislation: The F-22 Ploy
After a hard review of the facts on the passage of the Matthew Shepard Act as a part of the DOD Appropriations Bill, the Unfinished Lives Team supports a Presidential veto if the final version is still inclusive of increased funding for the F-22 Raptor fighter jet program. Conservative Republican U.S. Senators feel pretty good about now because of the bind they believe they have put President Obama in. They cynically stonewall any attempt to remove the F-22 program from the DOD bill, citing “job creation” in hard economic times, and national defense. As Emma Ruby-Sachs writes for 365gay.com, these Republican Senators are counting on LGBT Americans, for whom they do not care a whit, to become angry with Obama again for broken promises over the veto of a wasteful, obsolete fighter jet program that not only the President opposes, but the Pentagon as well. Here is where the LGBT community can rise to the occasion, and eliminate the problem for the President on his left flank. We at Unfinished Lives support the President if he needs to veto the bill, even inclusive of the Matthew Shepard Act Amendment. We are not uncritical of this president. He has given favors to the LGBT community with one hand, and taken them away with the other from the time of his election. He and the Democratic leadership in the House and the Senate must make good on their promises to us, not just because we supported them heavily in this last election cycle, but because it is the right thing to do for the sake of our constitutional democracy. This is a matter of justice. One murder at the hands of homophobes is one death too many, and our community is suffering every day, as this blog site has demonstrated for over a year now. But the cynicism of the Republican conservative leadership apparently knows no bounds. They believe LGBT people are not just perverse. They must believe we are fools to boot. They believe that they can pawn off death and destruction abroad in the guise of an F-22 project and in exchange enact hate crimes legislation that they should have passed 15 years ago. This is a bargain we reject, and a crass gamble we want them to lose. The Matthew Shepard Act must be passed by this Congress! But on this one, we stand with the President.
How Did Your Senators Vote on the Matthew Shepard Act Amendment Last Night?
Follow this link to see how your Senators voted on the Matthew Shepard Act Amendment to the Defense Appropriations Bill. Then let your voices be heard by them:
U.S. House Chair Calls for Hate Crime Investigation of Gay Sailor’s Murder
San Diego, CA – The Chair of the House Veterans Affairs Committee is calling for a hate crime probe into the death of Seaman August Provost, 29, shot to death and immolated in a guard shack on base at Camp Pendleton on Tuesday. The AP reports that Representative Bob Filner, D-San Diego, chair of the powerful Veterans Affairs committee, has pressed officials for a full investigation into the murder of the African American Houston native who served in the Navy’s Hovercraft unit. Members of the San Diego LGBT community asked Rep. Filner to intervene on their behalf so that the truth could come out. The Navy has been traditionally reluctant to reveal details of any homicide involving homosexuality. The Naval Criminal Investigation Service (NCIS) took a “person of interest” into custody and filed no charges against him, but the Houston Chronicle reports on July 3 that he has been released. Captain Matt Brown, spokesperson for Navy Region Southwest in San Diego said, “Seaman Provost was an outstanding sailor looking forward to a bright future. He was also a son, a friend and a shipmate, and all of us share in the grief and this sense of loss. He will most surely be missed by all who loved and cared for him, and by those who served with him.”
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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Unfinished Lives 
Senate Passes DOD Bill with Matthew Shepard Hate Crimes Amendment Attached
~ Stephen Sprinkle, Director, Unfinished Lives Project
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July 24, 2009 Posted by unfinishedlives | Hate Crimes, Legislation, Matthew Shepard Act, Perpetrators of Hate Crime, Special Comments, U.S. Senate, Washington, D.C. | D.C., Hate Crimes, Matthew Shepard Act, Politics, Special Comment, U.S. Senate, Washington | Comments Off on Senate Passes DOD Bill with Matthew Shepard Hate Crimes Amendment Attached