Unfinished Lives

Remembering LGBT Hate Crime Victims

Gay Teen’s Murder Inspired Federal Student Non-Discrimination Act

Seattle students celebrate Pride, photo by jglsongs

Washington, DC – The execution-style murder of a 15-year-old gay boy inspired an openly gay Congressman to author the Student Non-Discrimination Act.  Lawrence “Larry” Fobes King was shot twice in the back of the head two years ago by a fellow computer class student, 14-year-old Brandon McInerney at E.O. Green Middle School in Oxnard, California.  Now, even before McInerney stands trial for murdering his gender non-conforming classmate, Congress will consider the proposed law which for the first time would make it unlawful throughout the country for a any school receiving federal aid to discriminate against a person because of a perception that the individual is gay or lesbian.  As VCStar.com reports, “Under the proposed law, known as the Student Non-Discrimination Act, gay and lesbian students in public schools could not be excluded from participating in or be subject to discrimination under any educational program that receives federal assistance. Discrimination would include harassment, which is defined as acts of ‘verbal, nonverbal or physical aggression,’ as well as intimidation or hostility based upon a student’s actual or perceived sexual orientation.”  Rep. Jared Polis (D-Colorado), the author and primary sponsor of the bill said that King’s death was foremost in his mind as he framed this legislation and promoted it among his colleagues. “I absolutely had Larry King in mind and other kids like him,” he told reporters.  In an interview with DCAgenda.com, Polis said the legislation would give schools across the country tools to fight against discrimination that includes “everything from exclusion from prom, to banning clubs, to lack of actions addressing bullying situations.” Polis continued, “Gays and lesbians across the country face discrimination and frequently institutionalized discrimination in many school districts, and giving them a federal remedy, just as girls do and minorities, will help address this.”  The bill, H.R. 4530, has good support in Congress, with 65 co-sponsors including Rep. Tammy Baldwin (D-Wisconsin) and Rep. Barney Frank (D-Massachusetts).  Speaker of the House Nancy Pelosi (D-California) is reviewing the legislation which Polis introduced in late January 2010.  Nine out of ten LGBT students in middle and secondary schools throughout the nation report that they have been harassed because of their actual or perceived sexual orientation, and 61 per cent of them say they feel unsafe in their schools because of attitudes about their sexuality, according to GLSEN, the Gay, Lesbian and Straight Education Network.  According to his school friends, Larry King suffered repeated harassment because of his feminine self-presentation.  He sometimes wore jewelry and dressed in high heels and feminine apparel.  Students have confirmed that he had tense exchanges with McInerney in the weeks before the fatal shooting.  Rep. Lois Capps (D-California), one of the bill’s co-sponsors and the Congresswoman representing Oxnard where King was murdered, told the VC Star, “Larry’s murder was particularly painful because it happened at his school, a place that should have been a sacred space where he could grow and learn in a safe and supportive environment.”  School officials in Oxnard contend they did nothing wrong, so the proposed law would not affect them.  Their critics, among them LGBT activists in Southern California, counter that nothing substantive has been done to address the underlying hatred that permitted one of their students to act out his phobia on another, to the point of murder.  McInerney, who is to be tried as an adult because of indications of pre-meditation of the crime, has pleaded not guilty to murder and hate crimes charges in the case.

February 20, 2010 Posted by | Anglo Americans, anti-LGBT hate crime murder, Bisexual persons, Bullying in schools, California, Colorado, gay teens, gun violence, harassment, Hate Crime Statistics, Hate Crimes, hate crimes prevention, Heterosexism and homophobia, Legislation, Lesbian women, Perpetrators of Hate Crime, Politics, School and church shootings, Social Justice Advocacy, transgender persons, U.S. House of Representatives, Washington, D.C. | , , , , , , , , , , , , , , , , , , , , , | 2 Comments

Trans Community Demands Justice for Myra Ical

Houston, TX – Cristan Williams, Executive Director of the Transgender Foundation of America, takes the murder of Myra Ical personally.  “She died struggling for her life…She went down fighting and she was literally beaten to death,” she said to reporters for KHOU 11 News.  “It’s personal.  I feel it on a personal level.”  Hundreds agree with Williams.  Myra Chanel Ical, 51, died in a Montrose area field a week ago, and Houston’s transgender community has rallied to her memory.  Seven members of the transgender community have died violently in Houston in the last eleven years, and now the vigil organized to remember Ms. Ical on Monday night is being billed as the largest transgender event in Houston’s history.  The vigil’s organizers intend to focus attention on the plight of transgender people in Harris County and Houston as they honor Ms. Ical’s memory and call for neighbors in Montrose to share any leads they may have on the unsolved murder with police investigators.  While her slaying is not yet designated as a hate crime, police are certainly not ruling anything out.  Sgt. Bobby Roberts, spokesperson for the Houston Police Department, told reporters, “It could have been anything at this point. We just don’t have any motive whatsoever on this case.”  ABC News 13 reports that Ms. Ical’s body was covered in bruises and bore several defensive-type wounds that showed she was fighting back against her attacker(s).  Harris County’s Medical Examiner ruled that she died from strangulation by some sort of ligature.  Cristan Williams cannot get the horror of how Ms. Ical died out of her mind.  “That in and of itself was just a horrific way to die. Her last moments of life were sheer terror.”  Williams asks why none of the seven murders of Houston transgender people have been solved.  Police told her they have no evidence in any of the cases, something Williams attributes to the way anti-transgender crimes went largely unreported in the recent past.  Until the passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act this past October, local and federal law enforcement agencies were not mandated to keep statistics on transgender hate crimes.  Like the transgender population, these crimes were largely ignored.  Human rights advocates for the LGBT community are watching closely to see if the election of Annise Parker, an open and out lesbian, as Mayor of Houston will make a difference in how law enforcement and the media approach violence against some of the most vulnerable citizens of America’s 4th largest city.

January 25, 2010 Posted by | anti-LGBT hate crime murder, Beatings and battery, Bludgeoning, Hate Crime Statistics, Hate Crimes, Latino and Latina Americans, Law and Order, Legislation, Lesbian women, Matthew Shepard Act, Media Issues, Protests and Demonstrations, Remembrances, Social Justice Advocacy, Strangulation, Texas, transgender persons, transphobia, Unsolved LGBT Crimes, Vigils | , , , , , , , , , , , , , , , , , | Comments Off on Trans Community Demands Justice for Myra Ical

Major Media Fail Over Murder of Houston Transwoman

Houston, TX – Myra Ical lived and died as a transwoman, but the Houston media have not given her the dignity of acknowledging her gender identity when reporting on her likely hate murder.  The Houston Chronicle reported Ical’s January 18 murder in the Montrose section using exclusively male pronouns, calling her male, and playing up the sensational aspects of the area where homeless people eek out a living.  As is often sadly the case in reportage that is lazy and salacious, the Chronicle used innuendo to suggest that Ical, whose body was found partially naked and covered with bruises and defensive injuries indicative of her fight with her attacker(s), was consorting with prostitutes and drug addicts.  Local and national LGBT rights organizations have pushed back against this media injustice by calling attention to Ms. Ical’s gender identity and expression, and demanding that reportage get this aspect of such a terrible story right.  According to The Advocate, Human Rights Campaign board member and Pride Houston president Meghan Stabler submitted a strongly worded letter on behalf of both organizations to media outlets covering Ms. Ical’s murder, urging reporters to “use fair, accurate and inclusive reporting” when reporting on LGBT issues.  The letter read, in part: “On Monday January 18 the brutal murder of Myra Ical occurred in Houston. She is a transgender woman but the media continue to use male pronouns along with colorful statements about being found in an area known for drugs and prostitution. This lazy and irresponsible journalism shows the amount of ignorance about transgender issues that is rampant among far too many reporters despite the existence of resources to help them report accurately.” GLAAD and the AP have clear guidelines on how LGBT-oriented stories should be reported, leaving big media like the Houston Chronicle without excuse.  Myra Ical, who was 51 when she died, will be remembered at a candlelight vigil near the site of her murder at the corner of Richmond Avenue and Garrott Street on Monday, January 25, from 6-6:30 pm.  The Facebook notice for the vigil calls upon media and the Houston Police Department “to communicate with the public in a way that respects the victim.”  Thanks to Daniel Williams for breaking this story in the DFW metroplex.

January 23, 2010 Posted by | anti-LGBT hate crime murder, Beatings and battery, Blame the victim, Bludgeoning, Hate Crimes, Latino and Latina Americans, Law and Order, Media Issues, Remembrances, Social Justice Advocacy, Texas, transgender persons, transphobia, Uncategorized, Unsolved LGBT Crimes | , , , , , , , , , , , , | 1 Comment

Hope for 2010: A New Year’s Special Comment

As the old year passes, and with it the old decade, those of us who believe in Justice for LGBTQ people have memories to preserve, work to do, thanks to express, and hope to rekindle.  The Unfinished Lives Project was conceived as a visual and verbal resource for the public to use in the on-going struggle for freedom from violence and fear that Lesbian, Gay, Bisexual, Transgender, and Queer folk face every day in the United States.  Wordpress tallies show that as of this writing nearly 44,000 have visited this site since its first posting in June 2008: to educate themselves about the slow-rolling holocaust facing members of the sexual minority, to bring the stories of so many casualties of homophobia and heterosexism to light who would otherwise be forgotten, and to steel themselves for the long, difficult, painful work of changing the culture of violence against the different in which we must live.  While countless hours of writing and research have gone into creating and maintaining this web site, that is nothing compared to the stress and loss faced by so many families and loved ones who have experienced the horrors of hate crime murder during these years.  The backstory of this blog has been and continues to be the awe-inspiring courage of the bereaved mothers, fathers, lovers and friends who have been thrust into the harsh glare of activism on behalf of the LGBTQ community because they refuse to allow their loved ones to have died in vain.  We owe them, and you, Dear Reader, our thanks and our continuing labor until Justice comes.  It is to that end we at the Unfinished Lives Project keep telling these grim stories of real people who suffer in America for no other “crime” than being who they are.  The past decade, especially the past year, has seen substantive change–not enough, nor comprehensive enough, to be sure–but real change nonetheless.  Cultural, political, and religious attitudes toward LGBTQ people are changing in this country.  The passage of the James Byrd, Jr. and Matthew Shepard Hate Crimes Prevention Act, the first comprehensive hate crimes law in federal history, is now law.  Convictions under state and federal hate crimes statutes, something conservative law makers and law enforcement officers said would never happen, are occurring already in bellweather states like Colorado and New York.   This trend will no doubt continue as the New Year dawns.  The infamous “gay panic” defense, and its evil twin, the “trans panic” defense are increasingly discredited and ineffective in American courts of law. Religious attitudes have thawed slightly, but the progress is real, if spotty.  Religion and Faith offices and activism, once thought to be the “third rail” of human rights politics, have been established in all the major advocacy organizations that lobby for change.  LGBTQ lives and practices are no longer viewed as criminal by the religious leaders of conscience in the United States, and tolerance toward queer folk in congregational life and leadership is on the rise: the Episcopal Church, the Alliance of Baptists, the United Church of Christ, and the Evangelical Lutheran Church of America are cases in point.  Homophobia in churches, synagogues, mosques and schools is not going unchallenged in American daily life, and that is encouraging.  ENDA, DADT, and many other legislative initiatives are on the horizon for the new decade.  Marriage Equality, which heretofore has been fought for state-by-state (often attended by an alarming hike in anti-LGBT hate crime violence where the issue is most hotly contested), and now advocates are re-evaluating the tactics and strategies of equality.  There is nothing magic about the passage of the Shepard Act.  Every day, in every region of the nation, LGBTQ people and those mistakenly assumed to be like us, are suffering violence and death, and from our researches at the Unfinished Lives Project, these statistics are increasing alarmingly.  One more life lost is one too many.  Fear is no way to live in the Land of the Free.  So, we who believe in Justice will greet the New Year with resolve.  An African American spiritual lyric testifies, “We Ain’t in No Wise Tired,” and that is providential.  We cannot rest until Justice comes.  And, we are glad to be in the fight for true “peace on earth, goodwill to all,” with you.

December 24, 2009 Posted by | Anti-LGBT hate crime, anti-LGBT hate crime murder, Bisexual persons, Colorado, DADT, ENDA, gay men, gay panic defense, Hate Crime Statistics, Hate Crimes, Heterosexism and homophobia, Law and Order, Legislation, Lesbian women, Marriage Equality, Matthew Shepard Act, Media Issues, military, Mistaken as LGBT, New York, Perpetrators of Hate Crime, Politics, Popular Culture, religious intolerance, Remembrances, Social Justice Advocacy, Special Comments, trans-panic defense, transgender persons | , , , , , , , , , , , , , , , , , | 3 Comments

“Jane Doe” Lesbian Rape Hearing Set A Year After the Crime

Josue Gonzalez, suspect in "Jane Doe" Rape Case

Contra Costa County, California – According to The Bay Area Reporter, an out lesbian known only to the public as “Jane Doe” was brutally raped by four men who attacked her because of her sexual orientation.  The first preliminary hearing on the case is scheduled to be held in January 2010, over a year after the savage rape incident that nearly took her life.  On December 13, 2008 at about 9:30 p.m., “Jane,” 28 at the time of the attack according to an AP wire service report,  was sexually assaulted by the men who watched her get out of her car in Richmond’s Belding-Woods neighborhood.  They had noticed a rainbow pride sticker on the car window, which police allege aided them in targeting the lesbian.  They forced her back into her car after being disturbed by someone approaching the scene of the crime, and drove her seven blocks to another location near an apartment complex on Burbeck Avenue where she was repeatedly sexually assaulted and beaten with a blunt object.  During the assault, the rapists allegedly taunted her for being a lesbian.  They stole her wallet, dumped her naked on the street, and drove away in her car, which was later identified by a rainbow sticker on the windshield.  Wounded and bleeding, “Jane” crawled to one of the apartments, and found help from the residents, who called the Richmond police.  She was transported to the hospital where her injuries were treated, and evidence of the rapes was collected with a rape kit.  “Jane’s” car was located in Richmond the next day.  Four suspects were arrested two weeks later, Humberto Hernandez Salvador, 32; Josue Gonzalez, 22; Darrell Albert Hodges, 16; and Robert James Ortiz, 16.  Salvador, Gonzalez, and Hodges pleaded not guilty earlier this year to felony kidnapping, carjacking, forcible rape, and forcible oral copulation.  Ortiz will enter a plea on similar charges January 7, according to documents of the court.  Bail for Ortiz is $3.5 million, bail for Salvador is $2.2 million, and bail for Gonzalez and Hodges is $1.9 million.  The Contra Costa County Deputy District Attorney, Danielle Douglas told BAR reporters that the victim, who is partnered and has an eight year old child, is “coping” the best she can.  “That’s really all I can say,” Douglas said. “She’s doing her best to try to move forward.”  Richmond Police spokesman Lieutenant Mark Gagan commented to the BAR on the brutality of the crime:  “What’s difficult in this case is the level of aggression that the suspects showed was so immediate and over the top I don’t think that there was anything that our victim could have done to avoid being victimized,” said Gagan. “From what I understand, it was an immediate, extremely aggressive attack without provocation and without really any warning.”  District Attorney Office spokespeople say that the complexity of this case makes it move so slowly through the court system.  Since serious jail time is involved for all the suspects if proven guilty, each one of them has secured separate counsel, and all the defense attorneys are asking for maximum time to prepare for the trials, which will probably be split among the defendants rather being done as a single trial for all four men.  “Jane Doe’s” legal counsel, Gloria Allred, who represented the mother of slain transgender woman Gwen Araujo, is not pressing the court dates, given the level of trauma her client sustained from the multiple rapes and the viciousness of the attack.  A preliminary hearing is set for early January 2010, a usual legal procedure in California law in rape cases.  If the preliminary hearing uncovers evidence enough for a trial in the case, then the wheels of justice will turn toward days in court for the four defendants and the victim of one of Richmond’s most brutal anti-LGBT hate crimes.

December 11, 2009 Posted by | Anti-LGBT hate crime, Beatings and battery, Bludgeoning, California, Hate Crimes, Heterosexism and homophobia, Law and Order, Lesbian women, Perpetrators of Hate Crime, rape, Slurs and epithets, transgender persons | , , , , , , , , , , , | Comments Off on “Jane Doe” Lesbian Rape Hearing Set A Year After the Crime

Dallas Vigil for Slain Gay Teens Voices Sadness, Anger, and Hope

Dallas, TX – A large crowd of vigil keepers gathered at the Crossroads in Dallas on Sunday night to remember murdered gay teens, Jorge Steven López Mercado of Caguas, Puerto Rico, and Jason Mattison, Jr. of Baltimore, Maryland.  A third gay teen, Jayron Martin, who survived a vicious homophobic attack in Houston, was also remembered.  A coalition of organizations led by Bob McCranie of the Carrolton Project and Daniel Cates of Equality March Texas met at the corner of Cedar Springs and Throckmorton, the historic center of LGBT life in Dallas to voice anger, to express their sadness in solidarity with the families and friends of the slain teens, and to send messages of hope and support from Texas to the loved ones of the boys who were attacked for no other reason than their sexual orientation.  Other sponsoring organizations were Cathedral of Hope United Church of Christ, the largest LGBT-predominant congregation in the world, Syangogue Beth El Binah, Resource Center Dallas, the Dallas Chapter of the Gay, Lesbian & Straight Education Network (GLSEN), and the Lambda Weekly.  Speakers urged the gathering to turn their anger and sorrow into meaningful action for a just world, not only for LGBT people, but for everyone.  As vigil keepers lit their candles, the names of 100 slain Transgender, Lesbian, Gay, and Bisexual victims of hate crime murder were spoken aloud in the night.  The march wound several blocks down to the Legacy of Love monument at the corner of Cedar Springs and Oak Lawn, and then returned.  Rainbow flags were signed by many of the participants with messages of hope and support for Jorge Steven’s family in Puerto Rico, and for Jason’s family in Baltimore.  A giant card was signed for Jayron, to let him know of the support he has from the Dallas-Fort Worth LGBT community.

Flags for the deceased at the Dallas Candlelight Vigil

November 24, 2009 Posted by | African Americans, Anglo Americans, Bisexual persons, gay men, Hate Crimes, Heterosexism and homophobia, Latino and Latina Americans, Lesbian women, Maryland, Puerto Rico, Texas, transgender persons | , , , , , , , , , , , , , , | Comments Off on Dallas Vigil for Slain Gay Teens Voices Sadness, Anger, and Hope

Hate Attacks Up Against LGBT’s, Blacks, and Jews in 2008: FBI Reports

Washington, D.C. – The annual FBI report on bias-related hate crimes in the United States notes increases in violent attacks against LGBT people, African Americans, and Jewish people.  Mandated by the 1990 Hate Crimes Statistics Act, the collection and publication of these data received voluntarily from law enforcement organizations almost always underestimate the number of incidents and victims of hate crime attacks because of gaps in reportage, lack of funding to support local law enforcement compliance with FBI requests for this information, and the reluctance of persons to identify themselves as targets of hate violence.  CBS News analysis of the 2009 FBI report notes that though the numbers of attacks is up only slightly over the previous year, 7,783 criminal incidents involving 9,168 offenses in 2008 as opposed to 7,624 criminal incidents involving 9,006 offenses reported in 2007, the rise in violence against these three vulnerable groups is particularly worrying.  Anti-black attacks accounted for 72.6% of all racially-motivated violence, which in aggregate amounted to 51.3% of all hate crimes in the United States in 2008.  Anti-religious bias accounted for 19.5% of the total, with anti-Jewish attacks representing the vast majority of these incidents, 65.7%.  Violent crimes motivated by sexual orientation ranked third among all bias-motivated crimes, at 16.7%.  Of these anti-LGBT attacks, a full 11% higher in 2008 than in 2007, most by far were perpetrated against gay men, 58.6% of all hate crimes against people because of homophobia and heterosexism.  Here in Texas, according to the Dallas Voice, hate crimes against LGBT people were up a full 20% over the previous year.  The entire FBI report for 2008 may be accessed in .pdf form here.  Human rights leaders across the nation were quick to call for swift and decisive action to prosecute perpetrators of hate violence, and to reduce the alarming increases among blacks, Jews, and LGBT people.  Joe Solmonese, speaking for the Human Rights Campaign, the nation’s largest LGBT advocacy organization released this statement on Monday: “These numbers are unacceptable.  While it is so important that we have the new federal hate crimes law, it is critical to ensure that we continue working with the Department of Justice to ensure the safety of LGBT citizens.  We have to prosecute each hate crime to the fullest extent of the law, but we also need to get at the roots.  When we don’t know each other as human beings, ignorance breeds misunderstanding, which breeds hate, which too often this year led to violence.  We have to keep fighting the prejudices and stereotypes that underlie these acts.”  Roger G. Sugarman, National Chair of the Anti-Defamation League, noted for the Ha’aretz Service “While the increase in the number of hate crimes may be partially attributed to improved reporting, the fact that these numbers remain elevated – particularly the significant rise in the number of victims selected on the basis of religion or sexual orientation – should be of concern to every American.”

November 24, 2009 Posted by | African Americans, anti-LGBT hate crime murder, Anti-Semitism, bi-phobia, Bisexual persons, gay men, Hate Crime Statistics, Hate Crimes, Heterosexism and homophobia, Law and Order, Lesbian women, Matthew Shepard Act, Perpetrators of Hate Crime, Racism, religious intolerance, transgender persons, transphobia, Washington, D.C. | , , , , , , , , , , , , | 1 Comment

Suspect Arrested in Puerto Rican Gay Teen Hate Murder Case

Jorge Steven López Mercado

San Juan, Puerto Rico – The Associated Press is reporting that the arrested suspect in Jorge Steven Lopez Mercado’s grisly murder is claiming the infamous “gay panic” defense to besmirch the character of the victim, and appeal to anti-gay machismo.  Regional Police Director Hector Agosto said, “This was a ruthless crime.  Whoever did this just wanted to make the person disappear.”  Gay rights advocates in the Caribbean United States Territory have carried out a number of memorial events for young Lopez Mercado, as well as protests in the capital, San Juan demanding that police investigate the murder as a bias-related hate crime.  “They are hurt and they are indignant,” gay activist Pedro Julio Serrano said to reporters. “They are calling for justice.”  Local island media are reporting that Juan Antonio Martínez Matos, 26, a father of four, was arrested by authorities for the murder.  Matos is alleging that he was in search of a woman for sex, and when he found out that Lopez Mercado was a gay youth instead of a female, he panicked.  Whether he is speaking under the direction of an attorney is not known at this time, but in any event, the suspect has appardently made the calculation that enough members of the public will buy his account that he will be more likely to receive a lighter sentence, if convicted.  On the mainland, the gay or trans-panic defense has been tried on many occasions in an attempt to cast enough aspersions on the character of the LGBT victim that public opinion will soften toward the defendant.  In recent court cases, such as the trial of Allen Ray Andrade, the murderer of trans Latina Angie Zapata in Greeley, Colorado, the panic defense has fallen flat.  Andrade, who made a similar claim, left both judge and jury unconvinced, and received life in prison without hope of parole.  According to Box Turtle Bulletin, Matos also claimed that Lopez Mercado demanded money from him. Police investigators have allegedly discovered a wig, a burned mattress, burned PVC pipe, and a knife at the suspect’s apartment.  Accounts also say that police found blood stains on the wall of the courtyard of the apartment.  Investigator José J. Bermúdez said to the press that he has no doubt that López’s murder can be prosecuted as a hate crime.  Since the public can easily be prejudiced by media accounts that are both uncritical of a suspect’s allegations about his victim, and unverified as to what actually may (or may not) have been found at a crime scene, the Unfinished Lives Project will pass these details along as currently unsubstantiated reports until properly and fully vetted.  Officials in Puerto Rico are now saying that the mutilated, beheaded and partially burned body of Lopez Mercado was discovered on Friday, November 13 in a wooded area near Cayey, only a few miles from his home in Caguas.  Both the LGBT community in Puerto Rico and the Puerto Rican population of New York City have expressed grave concern about the most savage murder of a gay person in Puerto Rico’s history.

November 18, 2009 Posted by | anti-LGBT hate crime murder, Blame the victim, Colorado, Decapitation and dismemberment, gay men, gay panic defense, Hate Crimes, Heterosexism and homophobia, immolation, Latino and Latina Americans, Law and Order, Media Issues, New York, Perpetrators of Hate Crime, Politics, Protests and Demonstrations, Puerto Rico, Social Justice Advocacy, stabbings, trans-panic defense, transgender persons, transphobia | , , , , , , , , , , , , , , , , , , , | 1 Comment

19 Transgender Murders Per Month in 2009 To Be Remembered at TDOR

eleventh1On November 20, 2009, the international transgender community will observe the 11th annual Transgender Day of Remembrance.  The Transgender Day of Remembrance (TDOR) is a memorial observance of the lives of transmen and transwomen who have been killed during the previous year due to anti-transgender hatred, violence, and prejudice.  According to the Transgender Legal Defense & Education Fund (TLDEF), Rita Hester’s murder in 1998 sparked the beginning of the TDOR which has evolved into hundreds of local events and memorials throughout the nation and the world.  This year the LGBT community will mourn more than 95 murdered transgender individuals internationally according to Ethan St. Pierre, amounting to an average of 19 per month.  In 2008, there were 47 transgender murder victims remembered at TDOR.  The murder rate has spiked nearly 100%, virtually doubling in just 12 months.  A more frightening assessment issued by Liminalis, a journal “For Sex/Gender Emancipation and Resistance,”  reports that in the year-and-a-half from January 2008 until the middle of 2009, better than 200 transgender people were murdered world-wide, with the bulk of these statistics coming from North and South America.  According to this report, Brazil is the most dangerous country in the world for transpeople accounting for 59 deaths in 2008, followed by the United States of America where 16 murders of transgender folk occurred.  Accurate data are notoriously hard to establish on the numbers of transgender murders domestically and world-wide.  Reporters and researchers have meticulously combed the internet for names and accounts, but many victims remain unnamed.  Reports of trans deaths in news sources with no internet presence are routinely missed.  While the most sensational murders of transpeople remain those of transwomen, the numbers of reported slayings of transmen and queer youths who present femininely are clearly on the rise.  In addition to memorials for the slain at this year’s TDOR, major political and legal victories for the transgender community will also be highlighted.  The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act has been signed into law by President Obama, extending protections from violent crimes to transgender people in the United States for the first time.  The past year has also seen the successful conviction and sentencing of two murderers who took the lives of transgender women under state anti-hate crime statutes, one in Colorado and another in New York.  The message of these convictions to reluctant local law enforcement officials is that convictions for bias-related hate crimes against transgender people are attainable from juries throughout the country, giving the lie to the often-repeated excuse that hate crimes are difficult to impossible to prosecute successfully.  Allen Ray Andrade was put away for life for the murder of Angie Zapata in Greeley, Colorado under such a statute, as well as Dwight DeLee, who received 25 years for the murder of Lateisha Green in Syracuse, New York.

November 13, 2009 Posted by | anti-LGBT hate crime murder, Colorado, harassment, Hate Crime Statistics, Hate Crimes, Law and Order, Legislation, Matthew Shepard Act, New York, Perpetrators of Hate Crime, Politics, Remembrances, transgender persons, transphobia | , , , , , , , , , , , , , | 1 Comment

20 Years of Effort Led to the Matthew Shepard and James Byrd, Jr. Act of 2009

Matthew Shepard and James Byrd, Jr.

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.

October 25, 2009 Posted by | African Americans, anti-LGBT hate crime murder, gay men, harassment, Hate Crime Statistics, Hate Crimes, Heterosexism and homophobia, Law and Order, Legislation, Matthew Shepard Act, Politics, Social Justice Advocacy, Texas, transgender persons, transphobia, U.S. House of Representatives, U.S. Senate, Washington, D.C., Wyoming | , , , , , , , , , , , , , , , , | Comments Off on 20 Years of Effort Led to the Matthew Shepard and James Byrd, Jr. Act of 2009