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.
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