Such is the case with the hate crimes bill, familiar to many as the Matthew Shepard bill, a meticulously drafted act that would have categorized crimes based on gender identity or sexual orientation as hate crimes. Matthew Shepard was a young, gay university student in Wyoming who was beaten into a coma and subsequently died.

The Matthew Shepard Bill was a bill whose time had not only come but was terribly overdue, but being incorporated into a package of military spending (i.e. Iraq War funding) resulted in a kill on the battlefield of equal rights and civil liberties. Matthew Shepard and gays across America have become casualties of war.

Sponsored by Sen. Edward Kennedy and garnering the support of most Democrats and many Republicans, the bill still fell some forty votes short of passage in the U.S. House of Representatives, and that failure should be considered a crime against human rights. The root cause of this failure was the link to escalating cost of war in Iraq.

Perhaps it is time for truly important bills to be presented on their own merit and not be linked to such an unrelated hot button items as military spending. It is my fervent hope that the leaders in our Congress who supported this bill will not allow it to fade away.

The Matthew Shepard Bill would have been landmark legislation for the protection of millions of Americans against hate crimes. Instead, a vote against Defense Department spending became a vote against human rights.

The report, which can be found here, is one of the most comprehensive reports ever filed and gives a broad picture of just who is being attacked and why. In Clarksville, authorities reported a total of ten hate crimes. Three of those crimes were due to a person’s race, four were attacks based on religion, two were motivated by the victim’s sexual orientation, and one was bias against the person’s ethnicity. The FBI report indicates that the single most targeted ethnic group is Hispanics/Latino-Americans.

The national statistics are fare more interesting. According to the report, there were 770 attacks across the US against Hispanics/Latino-Americans last year. Antisemitism still rears its ugly head, since 1,027 incidents against Jews occurred. In contrast, there were 1,485 attacks based on the victim’s sexual orientation. These hate crimes are everything from graffiti to robberies to assaults to hanging nooses. The report indicates “crimes against property” and “crimes against person,” and lists some broad categories of each. The crimes against persons would include assault, robbery, murder, etc. Crimes against property would be vandalism, graffiti, and other related incidents.

Sadly, the report indicates a lot of silence as well. In fact, in Tennessee only 65 agencies even bothered to submit a report. “Well,” one might say, “Aren’t there 95 counties in the state?” Yes, there are. However, in those 95 counties, there are 459 law enforcement agencies. In fact, the national average isn’t much better with a little less than 17 percent of all agencies providing hate crime data.

Unfortunately, other Southern states are not at all interested in reporting their hate crimes, with only one Alabama agency reporting, and Mississippi was completely silent. Four agencies in Georgia (including one in Atlanta) reported a combined 13 hate crimes. Were there really zero hate crimes in Mississippi? Somehow, I think that’s a little far-fetched. And if the only hate crime in Alabama was not one of was the infamous noose hanging in Jena (that noose led to the “Free the Jena Six” campaign), then I have a bridge in Brooklyn to sell for dirt cheap (I incorrectly stated that Jena was in Alabama, which was pointed out in a comment by Kladner on Buzzflash – Interestingly, neither the city of Jena nor LaSalle Parish submitted any data to the FBI for this report).

Even though a handful of agencies in Tennessee reported their hate crime statistics to the FBI, the numbers are still staggering. Along with the ten hate crimes recorded here in Clarksville, there were 30 hate crime incidents in Nashville. Memphis had 36 crimes, including one committed with a motivation based on disability.

Anti Hispanic Hysteria

Scanning through all of the data can be a bit of a daunting task, one of my largest concerns is that the growing hysteria of nationalism would be that Hispanics would be targeted more and more. Alas, this appears to be exactly what’s happening. By “nationalism,” I’m referring to the rising call to “close the borders” and to “get rid of all of the illegals.” After all, “illegals are committing lots of crimes” or “are taking government services,” and what’s worse, “they’re taking all of our jobs.”

You know, I read about this kind of talk just a few decades ago in 1930’s Germany. Only then, there was another group that was being blamed for their country’s woes: Jews. We all know how that turned out. The reality is that it’s no surprise that Hispanics and Latinos are targeted for hate crimes.

How long will it be before someone actually calls for concentration camps for anyone who looks Latino or Hispanic? Well, that’s already started. How long before we start asking people for their “papers?” Yep, you guessed it. That’s happening too. In fact, last June, one Clarksville woman who was born in Puerto Rico was asked for her green card to renew her driver’s license. By the way, anyone born in Puerto Rico is an American Citizen. Several states and cities have passed laws that have blanket penalties for anyone who hires or even transports someone who is “illegal.”

“What part of ‘illegal’ do you not understand?” or so the mantra goes. Replace “illegal” with “Jews” in that sentence, and you can see just how dangerous this attitude really is. No, it’s not really “that simple.” Anyone who’s dealt with the Immigration and Nationalization “Service” knows very well how visas can expire, and how much of a hassle it is to renew. In fact, one colleague of mine recently went to inquire why his permanent visa had expired, and was told he’d have to leave if he wanted to get a new visa… or become a citizen. He chose the latter, and that put an end to the problem.

In fact, I, too, am a naturalized citizen. I was born on foreign soil (Germany), and thus have a German birth certificate. Even though my parents are both Americans, I still had to be naturalized. Why isn’t anyone asking me for my “green card?” Well, it could be due to the fact that I have blond hair and blue eyes. However, anyone with dark skin and black hair is immediately suspect. One man I spoke with has a great job as a manager of a local shop and lives comfortably in a well-to-do neighborhood. Once when he was mowing his own yard while wearing T-shirts and cutoffs, he was asked by a neighbor how much he would charge to cut their lawn. Racial profiling, anyone?

These instances only illustrate just how “low” so many of us will view our Hispanic or Latino neighbors. It’s unfortunate that today’s America has forgotten that we’re all immigrants. Our country has always been made richer by its diversity. Maybe we should remember that next time we talk about “closing the borders.” We are the land of the free and the home of the brave, so why not welcome anyone who is searching for a better life? And spare me the “what about terrorists” line. We are the land of liberty, not oppression. Or are we?

Crimes with a Sexual Orientation motivation

For the first time in a major report, we’ve been given data that clearly lists crimes that were committed based on a motivation of the victims’ sexual orientation. Unfortunately, gender identity isn’t included in the data, but rather is combined with the others. There were nearly 1500 incidents across the country last year, including at least two right here in Clarksville. Unlike our Hispanic/Latino neighbors, those of us that are gay or lesbian have absolutely no protection whatsoever when it comes to hate crimes.

Some have said “show me how people are attacked because they’re gay.” Well, we have that now. All of this goes on while the Matthew Shepard bill languishes in a Senate committee, and is in jeopardy of being killed outright. For the record, the Matthew Shepard bill is a bill that would provide federal resources to investigate and prosecute hate crimes, and would include sexual orientation and gender identity in the list of hate crimes.

Now that we know there are real numbers, this should be a clear indicator that it’s time to add sexual orientation and gender identity to non-discrimination clauses everywhere (including in Clarksville’s new charter). I’ve always been an advocate for complete equality, so this is just the right thing to do. The Civil Rights Act of 1964 has been updated a few times since its passing, and has since added age and disability to its protections. Several states have added sexual orientation to their civil rights laws, and it’s time for Tennessee to do the same.

Many conservatives are afraid that such an addition would force churches to hire gay people or would force a Christian landlord to allow two men to rent a one-bedroom apartment they own. A person’s religion has little to do with their sexual orientation or their perceived sexual orientation. Some people won’t hire someone just because they might look a little effeminate. At the moment, that’s perfectly legal. It doesn’t mean it’s right.

Can someone please tell me what’s “Christian” about denying a qualified person a job, or kicking a couple out on the street because they might be gay? “Well, it’s behavior,” some say. I tell you what. If you see someone having sex on the job, then that’s a different story. But seriously… how many of us actually engage in sexual activity in the work place? That’s just a rhetorical question, by the way; I really don’t want to know.

Let me be perfectly clear: By sexual orientation, I’m referring to whether a person is sexually attracted to members of their own sex, and might engage in healthy consenting relationships among adults. Gender identity disorder (GID) is a legitimate diagnosis for persons who have the firm belief that they are the wrong physical sex. Neither of these impacts on a person’s ability to do their job or to form healthy relationships. Interestingly, GID is the only psychological disorder that has a proven cure: gender reassignment surgery and hormone therapy.

No matter how we slice it or how we sugarcoat it with Bible verses or doctrines, discrimination is wrong. Hate crimes are clearly committed against people for their sexual orientation, and as of right now, there is zero federal protection for them. Hate crimes aren’t listed by how much someone hates another group, but rather by their motivation in a crime they’ve committed. No one is talking about “thought police.” We simply need to have protections in place that will allow local law enforcement agencies to prosecute and investigate properly these incidents which are all-too-often swept under the rug.

Local victims like Jerry Cope (P’Knutts) and Barry Winchell deserve to know that their deaths were not meaningless. Cope’s murder remains unsolved after over fifteen years. Even now, there seems to be little interest in actually finding out who killed him.

Thankfully, the FBI has been directed to tabulate this data. My greatest hope is that we’ll find a way to bring down these numbers, and to have a level of equality for everyone that we are indeed a beloved community that a person’s appearance, sex, national origin, ethnicity, age, disability, sexual orientation, or gender identity without being an issue. Until that time, we need to ensure that there are protections for everyone.

Editor’s Note: Also published in David W. Shelton’s blog Skipping to the Piccolo 

A few months ago, I wrote that there were three major bills that would create fairness and equality for all Americans, including those who are gay, lesbian, bisexual, and transgender. Since then, one of them has passed both the House and the Senate, another has been watered down, and the third has yet to see any action.

First, I want to thank all of the 237 Congress members and 60 Senators (of course, Foot-Tappin’ Larry Craig wasn’t one of them) who voted for the bill. It cleared both houses with healthy majorities, and is now on the way to President Bush’s desk. Alas, Bush has threatened to veto the bill. As expected, neither Bob Corker nor Lamar Alexander voted for the bill.

This bill, if signed, will provide Federal assistance to local and state jurisdictions who are unable or unwilling to investigate and prosecute hate crimes (think Mississippi Burning) and reaffirms sexual orientation as a protected class, while adding gender identity to the list.
The hate crimes bill wasn’t an easy victory for Democrats and GLBT activists, but it was a good one. The fact that both the House and Senate passed it so strongly with several republicans supporting the bill tells us that we are moving into an era where fairness and hope are indeed a part of the American dream.

The bill that has yet to see any action is the proposed bill to bring an end to the abysmal failure that we call “Don’t-Ask, Don’t-Tell, Don’t-Pursue” law that allows gays to serve in the military as long as they don’t come out. I expect to see action on this after the 2008 election. Of course, there are plenty who oppose this bill, including Concerned “Woman” for America Matt Barber, who claimed that “the military is no place for radical social experimentation.” It’s strange that Dwight Eisenhower disagreed by ordering racial integration in the military long before the Civil Rights movement began. That was pretty radical, wasn’t it?

However, myths, disinformation, fear, and misunderstandings have plagued all three of these bills. Thankfully, the first two have a strong possibility of becoming law in the next couple of years. The third, well, that’s another story.

The Equal Employment Non-Discrimination Act has been a long time coming, and would have provided protections for everyone regardless of their sexual orientation or gender identity. Thankfully, much of Corporate America has already established their own nondiscrimination clauses which protect their GLBT employees. Most smaller businesses, however, have not.

ENDA, as the bill is known, has been hit with some bizarre claims and some startling criticisms. Most of it focuses on the phrase “gender identity.” I’m used to people attacking gays and lesbians, but this outright assault for people who have a legitimate psychological disorder (the only disorder which actually has a clinical cure, by the way) is just as staggering as it is infuriating.

Some of the most virulent language came from the aforementioned Matt Barber, policy director for Concerned Women for America. Barber wrote his definition of gender identity:

Sean was a burly truck driver. Growing up, he always felt something was wrong. He preferred Barbie to G.I. Joe and didn’t like football or the other things boys were supposed to like. Rather, he got twitterpated by the way pantyhose felt against his skin and eventually made the self-determination that he was, in fact, a woman trapped in a man’s body.There were others who felt the same way, and a movement was formed. They called themselves “transgender.” They made up fancy, official sounding terms like “gender identity” and “gender reassignment surgery” and demanded they be granted special rights and government-mandated benefits.

Now, I don’t know what “twitterpated” means. But Barber’s obvious lack of understanding of gender identity disorder is as staggering as it is revealing. First of all, a person who is transgender doesn’t get their willies from dressing as the opposite sex. These are people who literally believe that they were born with the wrong set of genitalia. What’s more, they have clinical diagnoses that lead to their eventual transition to their identified gender.

I have good friends who are transgender, and they are some of the most well-rounded, down-to-earth people I’ve ever met. Barber’s characterization of them as panty-wearing freaks is the sort I expect from locker room thugs, not anyone who “directs policy” for a leading Christian women’s group.

Barber continued:

Well, now Sean … and other like-minded “gay” and she-male activists may very well get their wish — and parents may well be forced to explain to Junior why Ms. Johnson at parochial school has a five o’clock shadow, calves like Schwarzenegger, an Adam’s apple the size of a golf ball and is stuffed into a miniskirt like a ten pound turkey in a five pound bag.

The only reason I bring up Barber’s clearly distorted view of transgender people is that his and others like him have encouraged Barney Frank to remove transgender protections from ENDA. The bill, which would have been critical for all of us who are gay or transgender, is now a watered-down version which even reduces protections for gays. Frank claimed it was so that the bill would pass.

He also wrote:

There are people who believe – in the transgender community and elsewhere – that it would be wrong to enact a law that banned discrimination based on sexual orientation unless it fully included people who are transgender. I think this argument is deeply flawed.

I’m sorry, Mr. Frank. But I’m one of those people who believe that this law is needed. The only thing that’s flawed is the idea that we can exclude protections for those who suffer in silence just so that you can get yor political victory. It’s time for us to get a backbone and fight for fairness for everyone. Clearly, that means that we need to spend more time to educate people on the issues related to transgender Americans.

Here’s a thought, why not send the bill and let it pass or fail on its own merit? It’s currently on hold while Democrat leaders decide what to do with it, and whether or not to restore it to its original language. If it passes, then we’ll have another great bill for the President to sign. If it fails, then we can work on it again later. We can’t compromise for the sake of our transgender neighbors. Let’s support everyone. After all, fairness isn’t fair if it leaves someone out in the cold.