The Matthew Shepard Act, named after the University of Wyoming student who was murdered because he was gay, passed the House last week. The act would expand the definition of hate crimes to include those motivated by prejudice against the sexual orientation or gender identity of victims. Now awaiting approval in the Senate, the act highlights the necessity for federal protection for all Americans.
It is this blanket protection, surpassing scattered state protections, that is so crucial if our country’s lesbian, gay, bisexual and transgender community is to be considered more than second-class citizens. It is an embarrassment to live in a self-described “free” nation when such a large percentage of our population does not have the same protections that have been guaranteed to the majority.
With Iowa joining Connecticut and Massachusetts in allowing same-sex marriage (Vermont will follow in September and David Paterson, the governor of New York, recently introduced a bill to legalize same-sex marriage), traditional hypocrisies are no longer going to serve as legitimate excuses for the denial of equality.
The issue transcends marriage and encompasses the most fundamental rights that should be guaranteed, regardless of sexual orientation and gender identity (gender identity is distinct from gender in that it has to do with a person’s own sense of identification as male or female).
It is unsettling to think that if someone were harmed based on these factors, that person would not gain the same federal protection as someone who was harmed because of his or her race, gender or other characteristics. Like eye color, ethnicity and handedness, individuals have no choice in the matter.
Misconceptions, arising from outdated stereotypes and misinformation, are a major factor in the debate. With Proposition 8, we were told we were protecting marriage and our children. What, though, were we protecting them from? There is nothing fundamentally wrong with teaching children in schools that same-sex marriage is indeed a viable option and a reality in the United States.
After taking a class on the LGBT community, I came to realize that the overwhelming majority of my own perceptions on the group were limited. Education is something that must be promoted to combat widespread ignorance on LGBT issues. I wholeheartedly recommend LGBT classes to any student, for the fresh perspectives gained from one-on-one discussions with those in the community.
The Matthew Shepard Act would provide the most basic of protections, which would provide grants for state and local authorities to investigate and prosecute hate crimes. This allows the federal government to prosecute cases if requested by the states. Currently, legislation about crimes against the LGBT community is at the state level, meaning that rudimentary protections could potentially be lost upon travel to other states.
Dr. Ronni Sanlo, director of the UCLA Lesbian, Gay, Bisexual and Transgender Campus Resource Center said she believes that adding orientation and gender to federal non-discrimination legislation will provide the foundation for the elimination of discrimination.
“Not to say that people won’t discriminate,” she said, “(but) at least it would provide a basis for people to work from in the States without it being piecemeal.”
According to the Williams Institute, a think tank for sexual orientation policy based at the UCLA School of Law, 13 in 100,000 gay men, lesbians and bisexuals report being victims of hate crimes. This is compared to 8 in 100,000 African Americans, 12 in 100,000 Muslims, and 15 in 100,000 Jews.
The inherent homophobia that fuels hate crimes and sentiment against such legislation poses an even larger obstacle. The ubiquitous use of phrases such as “That’s so gay” reflect the negative implications and stigma associated with the LGBT community. The idea that homosexuality is a sin, perpetuated by religious institutions in response to Proposition 8, reinforces how mindset affects policy. You just cannot separate the homophobia from much of this legislation.
“I believe that (legislators) really want to do the right thing,” Dr. Sanlo said. “People on different sides of issues are all good people who believe they’re doing the right thing, but they are not making space for all human beings in this country to be free. Politically, it boils down to whether legislators believe that some people deserve freedom and others don’t.”
Ultimately, this is a question of equality. We cannot be selective about who is granted protection and basic rights in this nation. The repercussions of the bill for equality in this nation, surpassing sexual orientation and gender identity, are enormous. However, in order for such legislation to pass and have any sort of significant effect, misconceptions and stereotypes surrounding the LGBT community must be subverted by an understanding that is firmly rooted in education, free from the widespread homophobia seen today.
E-mail Gharibian at cgharibian@media.ucla.edu. Send general comments to viewpoint@media.ucla.edu.