Statement by Rea Carey, Executive Director
National Gay and Lesbian Task Force Action Fund

“Our country is on the cusp of recognizing and responding to the reality of hate violence against lesbian, gay, bisexual and transgender people. It is a national embarrassment that bigotry and ignorance have prevented enactment of substantive federal hate crimes legislation, but that goal is finally, truly, within our grasp.

“We thank Chairman Patrick Leahy and the members of the Judiciary Committee for holding this hearing and shedding light on a topic truly crucial to our community and our nation. We also thank Attorney General Eric Holder for testifying in support of the bill. And finally, we call on the Senate to act swiftly to pass this much-overdue legislation, which seeks to protect people from indefensible breaches of their basic human rights.”

Download the National Gay and Lesbian Task Force Action Fund testimony (pdf).

1. Use the talking points to do 3-4 sentence letters—one to Senator Lugar and one to Senator Bayh.
2. Make sure the letter includes the bill name “Local Law Enforcement Hate Crimes Enhancement Act” and the bill number “S.B. 1105″
3. The addresses for the letters should be written on the letters. These addresses are:
   1. Senator Evan Bayh
      1650 Market Tower
      10 West Market Street
      Indianapolis, IN 46204
   2. Senator Richard Lugar
      1180 Market Tower
      10 West Market Street
      Indianapolis, IN 46204
4. Make sure to both sign and print your name.
5. Underneath your printed and signed name, please print your address. This way, the Senator’s office can both read your name and address and confirm that you are, in fact, a constituent.
6. Please mail the letters THIS WEEK!

The Day of Remembrance raises public awareness of hate crimes against transgender people. It publicly honors and mourns the lives of transgender people who might otherwise be forgotten. Through the vigil, we express love and respect in the face of national indifference and bigotry.

As part of the ceremony, we ask that attendees bring flowers for use in the names reading.

“The Transgender Day of Remembrance is a solemn time to reflect on those who have been murdered because of their gender identity or expression,” said Mara Keisling, NCTE Executive Director. “The National Center for Transgender Equality and our allies have made great strides advocating for federal Hate Crimes legislation to explicitly include crimes based on ‘gender identity and expression’-the language that covers transgender individuals, but we will need to continue educating policymakers about the rampant violence targeted at our communities.”

Studies estimate the murder rate of transgender persons as high as 16 times the national average. Approximately one murder is reported each month in the U.S.; however, experts believe hate crimes against transgender individuals are significantly under-reported because of pervasive doubts that authorities will treat victims with respect or fairly investigate the crimes. Despite the frequency of hate violence against transgender people, the FBI does not track or keep statistics on attacks that target transgender individuals.

Recognizing the level of violence facing transgender communities, ten states explicitly cover transgender people in their hate crimes laws with “gender identity or expression” language (California, Colorado, Connecticut, Hawaii, Maryland, New Mexico, Minnesota, Missouri, Pennsylvania, and Vermont). While no transgender-inclusive federal law has been enacted, in 2005 the National Center for Transgender Equality was instrumental in passing an inclusive federal hate crimes bill through the U.S. House of Representatives-the first time a transgender-inclusive bill was passed in either chamber of Congress.

The causes of transphobic violence are often more complex than discrimination based on gender identity or expression alone. Employment discrimination, high unemployment rates, and economic and social marginalization put transgender people in higher risk situations for violence. Race also plays a significant role in who is targeted in attacks, with young transgender women of color the most frequently victimized.

“The news is all too familiar to our community-a transgender person violently attacked because of another person’s hatred or fear,” said Justin Tanis, NCTE’s Program Manager and a principle editor of the manual.

“Hate crimes have a devastating impact on victims and survivors as well as on the larger transgender community,” said Richard Juang, co-editor of Transgender Rights and co-chair of NCTE’s Board of Advisors. “Our goal in developing this manual was to share practical ideas for working with crime victims, family members, law enforcement, and the media so local organizers responding to hate crimes have the information they need at their finger tips.”

A wide range of community leaders and professionals contributed to “Responding to Hate Crimes: A Community Resource Manual”, including people with expertise in anti-violence work, law enforcement, mental health, media relations and community organizing.

Download the Hate Crimes Manual in pdf format.

Source: Serviceman’s Legal Defense Network (SLDN)
October 24, 2006

Former Army Specialist Justin Fisher, who was convicted of conspiracy in the murder of Private First Class Barry Winchell at Fort Campbell, Ky., has been released from prison after serving seven years of an original 12 1/2 year sentence. Winchell was attacked by Calvin Glover, a former soldier based at Fort Campbell, in July 1999, in what was later revealed as an anti-gay (sic) hate crime. An investigation by Servicemembers Legal Defense Network (SLDN) found that Winchell had been the target of constant anti-gay harassment in the months leading up to his murder. In response to the Winchell case, Pentagon leaders adopted a 13-point ‘Anti-Harassment Action Plan,’ meant to protect troops from such harassment. There is no evidence, however, that the plan has ever been implemented.

“Seven years after the murder of PFC Winchell, the military has done little to protect its troops from another Justin Fisher,” said C. Dixon Osburn, executive director of SLDN. “By the Pentagon’s own admission, anti-gay harassment is rampant throughout the forces, yet Pentagon leaders have barely lifted a finger to curb attacks on its own troops. The Department of Defense’s anti-harassment plan has not been implemented, its leaders have not been properly trained on dealing with harassment and its service members are left vulnerable to unchecked homophobia. If military leaders do not take action to properly deal with harassment in the ranks, it is only a matter of time before another anti-gay hate crime occurs on their watch.”

A 2000 Department of Defense survey found that 80% of troops had heard derogatory anti-gay remarks during the prior year. Thirty-seven percent said they witnessed or experienced targeted incidents of harassment, 9% of whom reported anti-gay threats and 5% of whom reported witnessing or experiencing anti-gay physical assaults. That survey led then-Secretary of Defense William Cohen to add “Don’t Harass” to the law’s prior title, “Don’t Ask, Don’t Tell, Don’t Pursue.” No additional surveys have been conducted since, despite a pledge, as part of the Anti-Harassment Action Plan, to do
so.

“Army leaders gave Justin Fisher a shockingly lenient sentence in the first place, but just as importantly, they have also failed, every day since, to protect other soldiers from Barry’s fate,” said Patricia and Wally Kutteles, PFC Winchell’s parents. “As a mother, I never want to see Barry’s story repeated. As an American, I am outraged that our leaders have taken no action to make sure it never happens again. The most important step in curbing harassment is ending ‘Don’t Ask, Don’t Tell,’ and sending a strong message that second-class citizenship is not tolerated in a first class military. But, until that happens, Pentagon leaders must, at the very least, step up the plate and take real steps to protect our troops.”

Dr. David Chu, the Undersecretary of Defense charged with implementing “Don’t Ask, Don’t Tell” and related human resource policies, has said existing measures “are sufficient” for dealing with harassment, and that a directive “is not necessary.”

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For more information on “Don’t Ask, Don’t Tell” and the Anti-Harassment Action Plan, visit www.sldn.org.