By Liz Seaton, Director of Projects and Managing Attorney, National Center for Lesbian Rights (NCLR)
On April 22, Allen Ray Andrade was convicted of the murder in the first degree and as a hate crime under state law for killing Angie Zapata, 18, a transgender woman whom he savagely beat to death with a fire extinguisher in her home in Greeley, Colo. in July, 2008. I wrote then about the need for passage of the federal hate crimes bill.
At that time, Weld County Prosecutor Ken Buck, whose office ably prosecuted the case, joined in pressing for passage of a federal hate crimes law. On April 29, the House passed the federal hate crimes bill, which includes both sexual orientation and gender identity, by a vote of 249-175.
Today, July 15, the trial for the murder of Lateisha "Teish" Green, a 22-year-ol
d African American transgender woman, continues in Syracuse, N.Y. Ms. Green was shot and killed on November 14, 2008, and the shooter, Dwight R. DeLee, was allegedly motivated by anti-LGBT bias and his belief that Lateisha was gay. The Onondaga County District Attorney has charged DeLee with second degree murder as a hate crime.
As the Transgender Legal Defense and Education Fund reports, "That Lateisha was, in fact, transgender highlights the unique nature of this prosecution, as well as the need for reform of New York State and federal hate crime laws. New York State law currently classifies it as a hate crime for an individual to target and attack a victim because of the victim's actual or perceived sexual orientation. While Lateisha was a transgender woman, Lateisha's murder is a hate crime because her attacker perceived her to be gay and targeted her for violence because of that perception. Neither New York State nor federal hate crime laws include gender identity or gender expression as protected hate crime categories."
Increased state-level investigations and prosecutions are a welcome development, but they do not replace the need for a federal law prohibiting these heinous crimes in the first place. The nature and frequency of violent acts motivated by anti-LGBT animus are extremely well-documented and this legislation is supported by a strong and diverse coalition.
In June, Attorney General Holder testified strongly in favor of the measure on behalf of the Department of Justice and the president.
With yet another murder trial for the killing of a transgender woman of color underway, Senate action is long overdue, and needed now.
hate crimes laws vs. discrimination laws
If the federal hate crimes bill becomes law, so that convictions of violence against an individual because of their sexual orientation or their being transgendered will bring harsher sentences than the same acts of violence that are perpetrated for other reasons, the Congress is saying that these groups of people need protection in the criminal law arena. Why is it so difficult for Congress to include these same groups in anti-discrimination law across the board? The Constitution uses the words person and/or citizen, very inclusive terms. Will it take yet another generation for this to happen?
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