From All Over: GenderNews
  • Congress Introduces Hate Crimes Prevention Act of 1999
  • Spanish Congress to Consider Transsexual Rights Motion
  • Medical Students Hear From Intersex Advocates
  • Maryland Anti-Discrimination Bill Drops Protection for Gender Variant Behavior

  • Posted
    March 29
    1999




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    Congress Introduces Hate Crimes
    Prevention Act of 1999


    We got these releases from GAIN, whose web site is at http://www.gender.org. They included this note:

    GAIN encourages activists to lobby the introducers of the bill to make it clear in floor debates that the bill is intended to cover hate crimes based on transgender or gender variance. When the courts look to interpret laws, they look at the Congressional Record to help them determine the intent of the legislature, so it is important that such statements be in the Congressional Record. The relevant wording in the bill is "the incidence of violence motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of the victim."

    When lobbying for passage, remind your representatives that since August, 1998, we have seen the report of a murder of a transgender individual in an apparent hate crime on the average of one per month, nationwide. I am indebted to Gwen Smith (GwenSmith@aol.com) for making this observation.

    The House version of the bill is available online at http://thomas.loc.gov/ (Search on the words "hate crimes prevention"); the Senate version should be substantively identical and may be online by the time you read this.

    From the National Gay and Lesbian Task Force, http://www.ngltf.org. 2320 17TH Street NW, Washington, DC 20009-2702

    WASHINGTON, DC---March 11, 1998--- The National Gay and Lesbian Task Force applauds the announcement by Congressional leaders of plans to introduce the Hate Crimes Prevention Act (HCPA). The Hate Crimes Prevention Act will provide new authority for federal officials to investigate and prosecute cases of bias violence, including sexual orientation bias.

    "We hope that Congress will have the will and the conscience to do what many state lawmakers this year have failed to do: help addressing hate crimes by passing legislation that is of great importance, both symbolically and practically," said NGLTF executive director Kerry Lobel. "We ask our elected officials in Congress, if not now then when? The time for the Hate Crimes Prevention Act is now," added Lobel.

    Thus far this year, a number of state legislatures, including Wyoming, Idaho, and Montana voted down hate crime bills. The New Mexico legislature passed a hate crimes measure, only to have New Mexico Governor Gary Johnson veto it.

    The Hate Crimes Prevention Act would specifically add sexual orientation, gender, and disability to existing federal hate crimes law. Currently, the federal government is only allowed to involve itself in hate violence incidents based on racial, religious, and ethnic violence. Even then, involvement by the federal government is limited to very narrow parameters. The Hate Crimes Prevention Act would remove some of those barriers to federal intervention.

    Introduction of HCPA comes not long after the vicious and highly publicized racist murder of James Bird, an African-American man, in Jasper, Texas and the brutal anti-gay killings of Matthew Shepard in Laramie, Wyoming and Billy Jack Gaither in Syclacauga, Alabama. Most states do not have hate crimes laws to punish individuals who commit hate violence based on sexual orientation.

    Violent crime throughout the United States has been declining in recent years, yet, hate crimes against GLBT people continue to rise. In 1997, according to the National Coalition of Anti-Violence Projects, at least 18 lives were lost as a result of anti-GLBT violence. In addition, the FBI reports there were 1,102 anti-gay hate crimes in 1997 or 13.7 percent of the 8,049 total reported hate crimes for that year.


    LCCR Urges Swift Passage

    A March 11 release by the Leadership Conference on Civil Rights (LCCR). Contact: Brian Komar 202/466-3311.

    Washington, D.C. Wade Henderson, Executive Director of the Leadership Conference on Civil Rights (LCCR), issued the following statement regarding today's introduction of the Hate Crimes Prevention Act of 1999 (HCPA).

    "The Leadership Conference is pleased with today's introduction of the Hate Crimes Prevention Act of 1999. We fully support the legislation introduced jointly in the House and Senate by Senate Minority Leader Thomas Daschle (D-SD), Senators Edward Kennedy (D-MA), Patrick Leahy (D-VT), Charles Schumer (D-NY), Gordon Smith (R-OR), Arlen Specter (R-PA), Ron Wyden (D-OR), House Minority Leader Richard Gephardt (D-MO), and Representatives John Conyers (D-MI), Michael Forbes (R-NY), and Connie Morella (R-MD).

    Last week's murder of Billy Jack Gaither in Alabama and the horrific 1998 deaths of James Byrd in Texas and Matthew Shepard in Wyoming serve as a painful reminder how beastly attacks against innocent citizens driven by nothing but irrational hatred threaten the very soul of America. Not only do these crimes have devastating effects on the victims, their families and friends, but hate crimes are also acts of violence against the American ideal: that we can make one nation out of many different people.

    In spite of our nation's substantial advances toward equality over the past forty years, irrational antagonism and inequalities of all kinds stubbornly persist. Congress, working in a bipartisan fashion has on several occasions tackled the problem of hate crimes that spills over into violence. The Hate Crimes Statistics Act of 1990; The Violence Against Women Act in 1994; and, the Church Arsons Prevention Act of 1996 are three such examples.

    The Hate Crimes Prevention Act of 1999 has been introduced to expand the federal criminal civil rights statute regarding hate crimes. The legislation is needed because in its current form, the statute leaves federal prosecutors powerless to intervene when they cannot establish the victim's involvement in a federally protected activity such as voting. Nor can federal authorities step into act upon cases involving death or bodily injury based on gender, disability or sexual orientation.

    Now is the time for Congress, working in a similar bipartisan fashion to pass meaningful legislation to strengthen the Federal response to violence by passing the Hate Crimes Prevention Act of 1999. Passage of this legislation would send a strong message that hate violence will not be tolerated in our society.

    Senator Orrin Hatch (R-UT), Chairman of the Senate Judiciary Committee is scheduled to hold hearings on hate crimes next month. The Leadership Conference commends Chairman Hatch's commitment and recognition of the seriousness of hate crimes violence and we look forward to working with all members of Congress to enact the Hate Crimes Prevention Act of 1999 during the 106th Congress.


    Statement By Vice President Gore

    Released March 11 by The White House Office of the Vice President. Contact: (202)456-7035

    This past year, our nation witnessed a number of heinous and cowardly hate crimes. These shameful acts of violence -- like the vicious murders of James Byrd and Matthew Shepard, and most recently the death of Billy Jack Gaither in Alabama -- were attacks not only on individuals, but against America and our shared values.

    We must send a clear and strong message to all who would commit crimes of hate: it is wrong, it is illegal, and we will catch you and punish you to the full force of our laws.

    That is why I am very pleased that Senators Kennedy and Spector and Representatives Gephardt, Conyers, Morella and others are reintroducing the Hate Crimes Prevention Act. This legislation would remove needless jurisdictional requirements and give the Department of Justice the power to prosecute hate crimes committed for any reason.

    I urge members of Congress to come together in one voice on this issue. I urge them stand together against intolerance, against prejudice, and against violent and senseless bigotry and pass the Hate Crimes Prevention Act.


     
     




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    Spanish Congress to Consider
    Transsexual Rights Motion

    From Kim Perez Fernandez-Figares, trans@mundivia.es, President of Identidad de Genero, Acting President of the Spanish Federation of Clinical Transsexuality. It was forwarded by United Kingdom's Press for Change, http://www.pfc.org.uk/

    We regret that this is being posted after the proposed date of the motion's introduction. But you can contact Kim to offer support or get more information.


    Dear Friends,

    After the past historic victory for transsexual people, the 11th February 1999, when the Andalusian Parliament, representing seven million people, passed with no votes against, presented by the Socialist Party (PSOE) that protects our rights, another important day comes up, a date that is equally transcendent for all sexual minorities in Spain.

    The following 17th March, will likely be the date in which the Cortes Generales, representing forty million people, will consider a United Left (IU) motion, that recognizes as a right for transsexual people, the sex reassignment surgery financed by the Social Security, the full recognition of our legal identity, the proper treatment of those transsexual people who are in prison, and social benefits for those transsexual people at the edges of marginality or in high risk of discrimination.

    The Minister of Health, Mr Romay, has already promised to consider this proposal. This make us think about the possibility that the MP for the Popular Party (PP), having the majority in the Cortes Generales, will vote for this proposal, thus overtaking the liberal values shown by their Party by its abstention in the same voting at the Andalusian Parliament.

    The Clinical Transsexuality Spanish Federation (in constitution) and Identidad de Genero, demand a positive vote for this matter, being as it is a health topic, that is widely recognized either by medical or psychological authorities, and a human rights issue. A positive vote will be the moral support needed by the families, employers and friends of transsexual people. A negative vote could mean a painful step back in the improvement of our social adjustment and progress.

    For such an important event, not only for transsexual people but for all sexual minorities and society in general, we ask for solidarity from all transgender, gay and lesbian, women, political, trade unions and human rights organizations all over the world. We would be more grateful if you send or send again this message also included in our first report. Our and your insistence will be the proof of our and your determination.

    .   .   .

    pp@pp.es
    webmaster@congreso.es

    (Please, send a copy to trans@mundivia.es)

    Mr Javier Arenas
    General Secretary
    Mr Damian Caneda
    Spokesman in the Social Affairs Commission
    Ms Amalia Gomez
    General Secretary for Social Affairs
    Ms Angeles Munoz Uriol
    Secretary of Social Affairs
    Popular Party
    Madrid

    Sirs, Madams,

    We have heard about a proposal to be soon introduced in the Spanish Parliament (Cortes Generales) regarding the rights of transsexual people... We expect a Party like yours, which involves liberal and center positions, will most firmly work to acknowledge rights that have recently been passed in Andalusia, and long time ago recognized in other European countries.

    We hope your vote for this motion will be affirmative, showing therefore your concern for the advance of health and human rights issues in your country and all over the world.

    Yours,
    (Your name and organizations's name)


     
     




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    Medical Students Hear From
    Intersex Advocates

    From ISNA News, info@isna.org.

    ISNA addresses UCSF med students

    On Friday March 5, a crowd of medical students filled a University of California at San Francisco classroom to overflowing. They had gathered to hear a panel discussion by intersexed patient-advocates. Panelists Kristi Bruce, Howard Devore, and Cheryl Chase found a receptive audience in the medical students as they spoke about how misguided medical policy had harmed them and their families.

    "You are the future of medicine," Chase told the students. "In part, the way that medical treatment of intersexuality will change is when your teachers die or retire and you replace them. We are very pleased to be able to speak with you here today."

    A story on the presentation appears in the March 11 issue of UCSF's campus newspaper Synapse at http://itsa.ucsf.edu/~synapse/.

    ISNA has scheduled similar presentations with medical students at Stanford and University of California at Berkeley in April.


    The Intersex Society of North America (ISNA) is a peer support and advocacy group for people born with mixed sexual anatomy. For more information, visit our web site at http://www.isna.org


     
     




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    Maryland Anti-Discrimination Bill Drops
    Protection for Gender Variant Behavior

    A March 25 press release from It's Time, Maryland! Contact: Jessica Xavier, 301-949-3822, Voice MailBox #8 or TheXGrrrl@aol.com.

    Equality denied at home: Visibly gender variant people not included in Maryland anti-discrimination bill despite repeated assurances by gay and lesbian lobby group.

    Silver Spring, Maryland - Maryland's House of Delegates passed an anti-discrimination bill yesterday that provides protection from discrimination in employment, housing and public accommodations for gay men, lesbians and bisexuals with passing privilege (who are straight-appearing and acting). However, House Bill 315 does not cover visibly gender variant people, which includes effeminate gay, bisexual and straight men, masculine lesbian, bisexual and straight women, and transsexual, transgendered and intersexed people.

    The bill originally contained fully inclusive language that would have provided protection to all gender variant people in Maryland. During hearings for the bill, Liz Seaton, Executive Director of the Free State Justice Campaign (FSJC), was asked by a committee member if her organization would continue to support the bill without the new inclusive language. According to an eyewitness, Seaton chose not to express her organization's unequivocal commitment toward the new language. The House Judiciary Committee apparently took her answer as a go-ahead to adopt "compromise" language, stripping the section of the bill protecting visibly gender variant people. Visibly gender variant people (who lack passing privilege) comprise a sizable minority of the gay, lesbian, bisexual and transgendered community of Maryland.

    It's Time, Maryland! (ITMD) a state chapter of It's Time, America! has been advocating for the rights of transgendered and other visibly gender variant citizens of Maryland for the past five years. During that time, ITMD has fought for inclusive anti-discrimination language in FSJC's anti-discrimination bill, finally achieving that goal this session. Accordingly, ITMD members have worked closely with FSJC, serving on committees and also contacting their delegates and state senators to express their support. Two transsexual women even testified for the bill, at no small risk to themselves. Violence against transgendered people, while under-reported in the media, has reached pandemic levels.

    1999 marks the fourth time in five years that the Free State Justice Campaign has either blocked the inclusion of visibly gender variant people or failed to deliver on its promise to include them. "We are extremely disappointed - again - to not be included in the anti-discrimination bill" said Mary Konchar, ITMD Co-chair and a resident of Baltimore. ITMD Spokesperson Jessica Xavier said, "It's clear that we were the bargaining chip. FSJC made us the sacrificial lamb to pass this bill. "She added, "While excluding transgendered people is nothing new for FSJC, they've also betrayed visibly gender variant gay men and lesbians. They've sold out their own kind."

    In a front page article in the March 20 (Saturday) Baltimore Sun, Delegate Dana Dembrow (D, District 20) was quoted as asking his fellow House Judiciary Committee members, "So why are we saying it's OK to discriminate against transsexuals?" That question might better have been asked of the Free State Justice Campaign.


     
     
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