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Matthew Shepard Hate Crimes Act passes 68-29

Judy Shepard has worked for 11 long years to secure the passage of the legislation that makes the assault or murder of someone based on their orientation or gender identification a hate crime.

Mrs. Shepard's battle began in early October of 1998, when her son, 21-year-old Matthew, was attacked shortly after midnight on October 7, 1998 in Laramie, Wyoming. Shepard, a gay man, met Aaron McKinney and Russell Henderson in a bar. McKinney and Henderson offered Shepard a ride in their car, and later robbed, pistol whipped, tortured and tied Matthew to a fence in a remote, rural area, then left him to die.

Judy Shepard has spent the intervening years making sure her son's death was not entirely in vain. It was, no matter the outcome of the Matthew Shepard Act, a heart-wrenching ordeal for any mother. But this mother was determined to see some sort of good come from the death of her son, and on October 22nd, Judy finally saw the legislation, that might just reduce the likelihood of another mother's child from meeting Matthew's fate, come to pass.

 

It's unfortunate that the only way this legislation passed was due to it's inclusion in a "must-pass" Department of Defense bill - but it did pass. That is the important thing. As the Wiki entry on Matthew Shepard explains:

http://en.wikipedia.org/wiki/Matthew_Shepard

"In court the defendants used varying rationales to defend their actions. They attempted to use the gay panic defense, arguing that they were driven to temporary insanity by alleged sexual advances by Shepard. At another point they stated that they had only wanted to rob Shepard and never intended to kill him.

A recent interview with McKinney and Henderson in preparation for  “The Laramie Project: ten years later, an Epilogue”, a docudrama based on interviews with the killers and townspeople, illustrated the fact that while Henderson regrets his actions, and not stopping McKinney from delivering the blows that ended Matthew's life, McKinney still feels no remorse for his murder of Matthew Shepard. This is why we need hate crime laws. Sometimes people just cannot discern right from wrong. Society needs protection from those people.

Gay and transgender people are part of society, whether some people find that morally acceptable or not. This is not about religion. This is not about morality. This is about people who are hurting no one, living their lives, paying taxes, yet not receiving the full protection of the law. Gay bashing has become a sport in America. Due to the lack of hate crime laws in the past, defendants have gotten off with a slap on the wrist, or utilized the "gay panic defense" to receive lesser sentences.

In a society where a 14-year-old will walk into a classroom and shoot a classmate twice in the head, as Brandon McInerney did to Larry King in Oxnard, CA in 2008, it is clear that gay and transgender citizens need more protection than the law previously allowed, if only to point out to society how unacceptable violence is simply because you do not like who someone is. Disliking homosexuals or transgendered people does not give one a license, or excuse, to become violent with them.

It's sad that this type of tolerance has to be taught to some people. However, it clearly does in this case. That is what laws are for. Civil Laws - just as religious laws in the distant past did - teach people what is acceptable behavior, and what is not. When this country began, you could beat and rape your slaves, and still be above the law. Today, we have no slaves - and assault and rape are punishable by law, no matter who you are. That is as it should be. The Hate Crimes bill just added one more level to a growing awareness that all Americans have the right to the Pursuit of Happiness - and the expectation that they will be defended by our legal system as well as any other citizen, rather than minimized because of who or what they are.

Congratulations, Judy.

R.I.P. now, Matthew.



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Judy Shepard on Matthew

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By

Austin Civil Rights Examiner

Michelle Palmer is a gay mother of four, former cab driver and currently a bookseller who lives in Austin, Texas. You can reach her with comments,...

Comments

  • thomas quiershi 2 years ago
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    bless you for writing such a piece on it. those cold-blooded republicans need to shut up and thank you pointing out the whole point of the law.

  • Michelle 2 years ago
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    Thank you, Thomas. I think that people who object to the law just have a hard time putting themselves in the place of those of us it is meant to protect. They also don't know the history of violence - which has risen in recent years - that has been directed against the GLBT community. I think that if they considered for a moment that their child could well become another Matthew Shepard, they might reconsider their position.

  • Bruce 2 years ago
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    This should be a glorious moment for the GLBT community, but along come the cold blooded republicans asking people to think. 11 years ago assault and resulting homicide were illegal, but that didn't stop McKinney and Henderson from beating Matthew and leaving him in the desert to die. If this bill had been law 11 years ago, Matthew would still be dead. Sorry to kill your buzz. Some people hate gays. Some people hate republicans. I'm gay. I'm also a registered republican. Under this new, enlightened law, if someone beat me and tied me to a fence because I'm republican, his punishment would be less severe than if he beat me and tied me to a fence because I'm gay. Either way, I'd be dead. And the people who would snicker and say "The republican deserved it," would face almost no public approbation, while those who said the same about gay Matthew are Satan's spawn. We've moved a step closer to prosecuting thought and people are celebrating. This country has gone insane.

  • Michelle 2 years ago
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    You know Bruce, after reading your comment, it would be very easy for me to say "well, there's another crazy Republican for you!"

    But it's worse than that, Bruce. When was the last time a Republican was assaulted or MURDERED for being a REPUBLICAN? When? Never. That's when.

    So sweetheart, if somebody beats you and ties you to a fence and leaves you for dead, you can rest assured it's because you are gay - not because you are Republican.

    Get back to me when you have a logical argument that makes sense.

  • ed 2 years ago
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    Bruce, are you fortunate enough to live where gay people are not merely tolerated, but accepted and celebrated (ie Candada or Massachusetts where gay marriage is legal)? I too am gay, but an ex-republican.
    -Eddie

  • ophu 2 years ago
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    <sarcasm on> Yes, Bruce we should do something about that awful rash of violent hate-crimes against REPUBLICANS, for God's sake. <sarcasm off>

    On the other hand, I do see your point, and I'm sure if it ever does become a problem, another hate-crimes law will be passed.

  • Johan 2 years ago
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    Bruce, how can you call killing a thought?

    Yes, it does make a difference whether you kill to protect your brother from being killed, or whether you kill because you are a commandant of a Nazi concentration camp.

  • Johan - PS 2 years ago
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    "It's part of a radical social agenda that ultimately could silence Christians and use the force of government to marginalize anyone whose faith is at odds with homosexuality," says Family Research Council President Tony Perkins.

    Let's be clear. There is nothing in the law that impinges on anyone's free speech.

    Those who want to preach against the so-called evils of gay marriage may continue to do so. The law applies only to the commission of violent acts -- not to speech.

    There have been more than 118,000 hate crimes documented by the FBI since 1991. In 2007 alone there were 7,634. It's estimated that 16 percent of victims were targeted because of their sexual orientation.

    There is no question this law has been a long-time coming. "It was nearly 11 years ago that Matthew Shepard was brutally murdered," said Nancy Pelosi D-San Francisco. "The time for debate is over."

    -- Tammerlin Drummond is a columnist for the Bay Area News Group. Reach her at tdrummond@bayareanewsgrou

  • Johan - PPS 2 years ago
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    Bruce, do you not agree:

    "We must stand against crimes that are meant not only to break bones, but to break spirits — not only to inflict harm, but to instill fear," Obama remarked during the signing ceremony. "No one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability."

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