AGLBICAL n Association of Gay, Lesbian & Bisexual Issues in Counseling of Alabama n www.aglbical.org
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HATE
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SOMEWHERE IN AMERICA
According to FBI statistics, the greatest growth in hate crimes in recent years is against Asian Americans and the gay and lesbian community. Once considered a Southern phenomenon, today most hate crimes are reported in the North and West.
VIOLENCE AGAINST GLBT
INDIVIDUALS
ANTI-GAY HATE CRIME IN
MASSACHUSETTS
Human Rights Campaign President Joe Solmonese made the following statement in the wake of a violent anti-gay hate crime in Massachusetts Wednesday evening.
“When a man walks into a bar, asks if it’s a gay bar and starts shooting, there couldn’t be any more glaringly obvious and enraging example that we need uniform hate crimes law and that Congress has stubbornly failed to act,” said Solmonese. “The Senate can change this today. Whether the hate crime occurs in New Bedford, Massachusetts, or Roanoke, Virginia, local law enforcement deserve access to the same tools. The Local Law Enforcement Enhancement Act would do this.
“I am infuriated and deeply saddened. Our hearts are with the families and friends of those wounded in this tragic hate crime,” added Solmonese. “This harrowing crime is a sobering and shocking reminder of the way anti-gay prejudice manifests to violence and that we need to deal with this as a country.
“We are thankful that the local authorities are investigating this as a hate crime. We stand by congressional allies who have been working for years to pass a measure giving critical tools to police officers and district attorneys working for justice in the wake of horrifying hate crimes. The Senate should do what the House has already done and pass the hate crimes law.”
According to reports a man walked into a lounge in New Bedford, Mass., asking if it was a gay bar. He then brandished a hatchet, swinging it at victims, and later drew a gun, opening fire and wounding several people.
In the course of
prosecuting the killers in the anti-gay hate crime in Laramie, Wyo., in
which Matthew Shepard was murdered, local law enforcement was forced to
furlough several officers due to scarcity of resources. The Local Law
Enforcement Enhancement Act, already passed by the House in the fall and
by the Senate in years past, would give grants to local law enforcement
to fully prosecute these crimes. Senate leadership is stalling a vote on
the bill.
HATE CRIMES REPORT
"Matt is no longer with us today because the men who killed him learned to hate. Somehow and somewhere they received the message that the lives of gay people are not as worthy of respect, dignity and honor as the lives of other people." (Judy Shepard, HRC board member and mother of Matthew Shepard, slain University of Wyoming student)
Hate Crimes Affect More than Just the Individual Attacked. All violent crimes are reprehensible. But the damage done by hate crimes cannot be measured solely in terms of physical injury or dollars and cents. Hate crimes rend the fabric of our society and fragment communities because they target a whole group and not just the individual victim. Hate crimes are committed to cause fear to a whole community. A violent hate crime is intended to “send a message” that an individual and “their kind” will not be tolerated, many times leaving the victim and others in their group feeling isolated, vulnerable and unprotected.
According to 2004 FBI
statistics, hate crimes based on sexual orientation constituted the
third highest category reported and made up 15.5 percent of all reported
hate crimes. Only race-based and religion-based prejudice crimes were
more prevalent than hate crimes based on sexual orientation.
MYTHS & FACTS
Fact: Bias crimes laws
criminalize the action that is motivated by bias, not the bias isolated
from the action. The United States Supreme Court defined the perimeters
of bias crimes laws in relation to free speech issues in decisions in
1992 (R.A.V. V. City of St. Paul) and 1993 (Wisconsin v. Mitchell).
Myth: A murder is a
murder; a murder committed out of bias is no different from other
murders.
Fact: Not all murders are
treated equally in criminal law. The difference between first degree
murder and second degree murder, for example, is the intent of the
perpetrator. Society has determined in its laws that the intent of the
perpetrator changes the nature of the crime committed and therefore a
different penalty is appropriate. Enhancing the penalty for a crime
involving bias reflects the fact that the harm done by an assault
motivated by bias is more serious than the harm from an assault itself.
Myth: An assault committed
against a Caucasian person is as serious as one committed against an
African-American person; bias crime laws say one is more serious than
the other.
Fact: The crimes are
equally serious if in both cases assault is all that is involved.
However, if the assault is a bias crime, additional harm is done. First,
bias crimes tend to be more violent. Moreover, the harm done to the
victim is deeper. The attack is aimed at the very identity of a person,
wounding the spirit as well as the body. Second, the effect of fear and
intimidation is long lasting. Bias crime victims frequently change their
daily patterns of action and sometimes even their residence out of fear;
the aftermath of the crime thereby often affects the victim
economically. Third, a bias crime intimidates the whole community to
which the victim belongs. Finally, bias crimes drive wedges between
groups of people and thereby have a serious societal impact.
Myth: Bias crimes laws
grant special rights to certain groups.
Fact: Bias crimes laws
identify certain categories such as race, not specific communities of
people such as Native American. The Bias Crime Law in Washington State,
for example, identifies the categories of race, color, religion,
ancestry, national origin, gender, sexual orientation and physical,
mental or sensory handicap (RCW 9A.36.080). The law does not identify
specific groups within those categories such as African- Americans,
Jewish people, or gays and lesbians. Indeed, bias crime charges have
been filed in cases where the victim was white. Bias crimes laws
increase the penalty not because of the race etc. of the victim, but
because of the bias of the perpetrator. Hence, if a straight man is
attacked because the
Myth: Bias crime laws are
promoted to further the agenda of certain groups.
Fact: The laws protect
everyone within the defined categories: white as well as black,
Christian as well as Jew, straight as well as gay. The “special rights”
and “gay agenda” attacks of the extreme religious right are dishonest
attempts to utilize misinformation and confusion to further their own
homophobic agenda. Would a bias crimes law in Wyoming have stopped the
perpetrators from killing Matthew Shepard? Probably not. But neither do
laws criminalizing robbery stop all robbers. We need inclusive bias
crimes laws that are clearly understood and resolutely enforced. Such
action sends a loud message that it is unacceptable to victimize someone
because of that person’s race, religion, color, national origin, sexual
orientation, gender, or disability. Bias crime law convictions bring
justice which helps the healing process for the survivors of the crime,
including the community to which the victim belonged. The confusion and
misinformation about bias crimes must be cleared up so that we can focus
on the real problem, namely, the prejudice and bigotry that gives rise
to bias crimes.
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AGLBICAL n Association of Gay, Lesbian & Bisexual Issues in Counseling of Alabama n www.aglbical.org