Transgender

Forum











Anti-Hate Crimes Act Deserves Strong Support

By Emily Alford

As most people in the United States know, Senator Edward Kennedy has introduced a bill in Congress to provide nation-wide coverage against crimes motivated by hate. His action was motivated by the ghastly race killing that took place recently in Jasper, Texas. Any transgender must be aware that that kind of thing can happen and has happened to us too. I need only cite the case of Brandon Teena.

Wondering whether the Senator ought to be encouraged to extend that coverage to transgender people, I looked up the text of the bill on the U.S. Congress Web Site The bill is s. 1529. In the House the identical bill is HR 3081 1H.

To my delight, I found that it already does protect us, at least in its draft form. The bill _specifically_ notes that "the incidence of violence motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability poses a serious national problem." It adds that "such violence disrupts the tranquillity and safety of communities and is deeply divisive." It notes as well that "many states have no laws addressing violence based on the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability while other states have laws that provide only limited protection."

The bill provides stiff Federal penalties for such crimes if interstate commerce is in any sense involved, that, of course, being the usual basis for Federal criminal jurisdiction. Perhaps significantly, it does so in two clauses, one extending protection in cases involving actual or perceived race, color, religion, or national origin, and the other extending protection to cases involving actual or perceived religion, gender, sexual orientation, or disability." Why "religion" appears in both clauses is beyond me.

The operative word, of course, is "perceived." I can see a situation during the legislative process in which that word might be amended out, or in which the second of the two enacting clauses might be dropped. That's where we come in. There are also a number of other bills before Congress on the same subject, not necessarily offering the same comprehensive protection.

Not too long ago I had a small hand in the enactment of another law providing protection against violent crime, and I learned the absolute importance of getting a bill right. It seems to me _absolutely_ imperative that this bill become law in roughly the form that Senator Kennedy proposes. It also seems to me that this is an instance where every single transgender person in the United States can make an input. There is no need for closeted people to out themselves. Given the bill's high purpose, and the circumstances that led to its proposal, it deserves endorsement on general principles. I think it has a strong chance of enactment, given its bipartisan co-sponsorship that includes not only Senators Diane Feinstein (D-CA), Ron Wyden (D-OR), Thomas Torricelli (D-NJ), but also Arlen Specter (R-PA). It also has bipartisan co-sponsorship in the House.

So, American transgender people, write. Now. To any of the bills's sponsors in either chamber. To your own United States Senators. To your Congressperson. Write as an out transsexual, or an out transgender, or as what the world sees you, or as anything you want. Stress the importance of Senator Kennedy's language. A person who is killed for being "perceived" to be long to a group, any group, is just as dead as a person who is killed for "really' belonging.

But write. This is a historic moment, and it must not be lost. It's also a special moment when our own particular needs and the needs of many other people come together completely.

To reach a U.S. Congressmen go to the House member web listings
To reach a U.S. Senator go to the Senate Email listings.

TGF's Home Page