Equality Texas Blog

How You Can Create Change in Texas

Last week, thousands of LGBT activists gathering in Dallas at the Creating Change conference, hosted by the National Gay and Lesbian Task Force. Of course, a few of the staff members at Equality Texas made their way to Dallas for the five-day-long colloquium. As a blooming LGBT activist, I didn’t know a lot about Creating Change, so I looked it up. Wow. With day long institutes like “Focus on OUR Family” and “Empowering People of Faith,” and a variety of smaller sessions, including “Using Monologues as an Educational Tool,” featuring UT-Austin’s Peers for Pride program, I had decided: I wanted to go. But with only a few days left before the conference kicked off and no plans made, I came to the realization that it wasn’t going to happen, at least not this year.

It got me thinking, though: How can the people who aren’t there make equality happen? Well, the answer is pretty simple. All it takes is YOU. Whether you are an educator, a student, a businessperson, or an ally, YOU are the key to creating change. How do you do that? Stay informed; stay active. Talk to your legislators about the issues that are most important to you.

I know, talking to an elected official can seem intimidating, but it shouldn’t be. They are there to push the agenda of their constituents, and all it takes for that agenda to become your own is to speak up. As the Field Intern at Equality Texas, it is my task to further the development of the Equality Project, which will teach you how stand out and speak up in order to make equality happen! The Equality Project is a public education program on policy issues and their effect on Texas citizens (that’s you!).  The Project also trains participants to establish relationships with their state representatives and senators, and to advocate for policy changes with their elected officials. Our goal is to facilitate continuous conversations between Texans and their representatives about public policy that directly affects their constituents’ lives. We believe that these conversations are the driving force behind policy change that will end the discrimination of Texans based on their sexual orientation or gender identity/expression.

There are so many important issues at hand, and these issues affect our friends, family, and fellow Texans every day. Anti-discrimination policies, safe schools, and relationship recognition are just a few; if these issues affect you, speak up! If these issues affect people you know, speak up for them! You make equality happen. It’s never too late for you to become involved; that’s how you can create change.

Interested in our Project Equality program? There’s more on our website under Programs: The Equality Project.

For more information on Creating Change and the National Gay and Lesbian Task Force, click here: http://www.thetaskforce.org/events/creating_change

For more information on Peers for Pride, check out their blog: http://pfpaustin.blogspot.com/

 

Posted by Darcy Kues, Field Intern

Darcy is a Sociology and Women's/Gender Studies student at The University of Texas at Austin.

Creating Change: New Media Training Institute @ #CC10

If the notice outside the conference room door wasn't indication enough, the sight of 80 or so folks sucking down coffee and typing furiously at laptops and cell phones was like a neon billboard for the New Media and Training Institute (NMTI). It's the second day of the Dallas Creating Change Conference, a political, leadership, and skills-building conference for the LGBT social justice movement, organized by the National Gay and Lesbian Task Force. The NMTI, headed by GLAAD, is just one of the day-long institutes the Conference offers, and its purpose is to provide activists with new media education and training.

Like the rest of the Conference, the organizational presence at the NMTI is diverse, with representatives from churches, student organizations, and local, city, and state LGBT groups. As the morning progressed, people trickled in slowly  until the hotel conference room was full, and I rapidly realized that, like carrying a pack of cigarettes across hostile international borders, keeping a powerstrip in my bag would have made me instant friends in a roomful of laptops.

After a welcome and introductions from Fred Sainz of the Gill Foundation and GLAAD's Rashad Robinson and Allison Palmer, Gregory Rae from Living Liberally offered an overview of effective New Media practices in the activist community. The room then split into two groups: beginner and advanced. The advanced class skewed a little more towards the under-30 crowd, unsurprising considering the number of people in my generation partially raised on the internet.

Throughout the day, we heard about tactics from AT&T recruiting, using mobile in advocacy campaigns, and different methods of developing and integrating social media, as well as a talk about strategy from the former External Online Director for Obama for America. At every session, I heard over and over the same concern I came here with: How do you turn Facebook fans, Twitter followers, and anonymous commenters into effective activists? The answer to that would take longer than this blog post, but if you've been wondering the same thing about being active with Equality Texas, feel free to check out our donation page, browse our Educate, Volunteer, and Events postings, and, in particular, visit the Equality Project in our Programs section (end of shameless, but undeniably worthy, plug).

Though the participants vary in experience and proficiency, they're all eager to stay at the forefront of new media and do everything they can to help their organizations impact as many people as possible. Equality Texas hopes that its own members will continue to be active participants in the issues that most affect Texans concerned with equality for all its citizens, whether this involves spreading the word about important LGBT causes,  following us on Facebook and Twitter, or lobbying for equal rights for all Texans and their families.

Creating Change offers a variety of other great conferences. You can check out what some people have been saying about their experiences by following Creating Change on Facebook or on Twitter using hashtag #cc10. The participants left the NMTI with some fresh ideas about improving social media practices, new contacts with other progressive groups, and, for some, a small storm of new Twitter followers. I met with representatives from some excellent and worthy organizations across the country, and I hope that workshops like the NMTI and the many others Creating Change offers will provide opportunities to unite, motivate, and facilitate activists in their efforts to seek social justice.

Posted by Alice Bufkin, Communications/Media Intern

 Alice is an Honors graduate of McGill University with a degree in English Literature and a minor in Women's Studies.

State of the Union...and how you fit in...

Ok, folks, last night's State of the Union was about a lot of things: jobs, bipartisanship, getting Republicans to support Obama-backed legislation (bank taxes, college loan forgiveness, jobs, etc.) so the Democrats look like they can accomplish things and govern effectively going into the fall elections.

The speech was not to, about, or for, the base.

It was to Mainstream America. Mom and Pop. The Midwest. The coasts. The suburbs. Downtown. Mainstreet U.S.A.

And that is why it is important that President Obama included repeal of DADT in the State of the Union. Repealing DADT is now part of the Democratic agenda, at least that part that Obama is willing to commit himself to, and to be judged on, by the end of year.

Yes, there are lots of "I'll believe it when I see it" comments. Cyncism. Distrust. I understand that, appreciate it, and think it's absolutely justified. But, it was IN THERE.

The language Obama used to talk about DADT was not entirely restricted to just the repeal of DADT.

• "We shouldn't discriminate against people because of who they are."
• "Repealing DADT is the right thing to do."

That's powerful stuff. And it applies equally well to ENDA, the repeal of DOMA, transgender inclusion and every other issue I work on. Once you repeal DADT under that language, there is no logical place to stop short of full equality. It might have been before, but LGBT equality is now mainstream, and arguably a mainstream American value.

For all you LGBT activists out there, who have been fighting for years to be counted, to be respected, to be accepted for who you are: welcome to mainstream America. You’re part of it.  

Now, what are you going to do with that? Are there further battles to fight? Sure.

And there is the risk and frustration of dealing with folks who haven’t gotten the memo yet. But, they’ll get it. And soon. Certainly sooner than you think.

I repeat. What are you going to do with it? I suggest you take it, own it, and run with it.

Which brings to this point:

The deadline to register to vote in the Texas primaries is this Monday, February 1.

Are you registered? Are you ready to vote in the primaries?  Do you know where to vote? Are the candidates to be your elected representatives clearly pro-equality? Are they sitting on the fence? Are they sitting on the wrong side of the fence?

You have the opportunity to step up and participate, hold the "bad guys" accountable and help good folks advance.  If you're not registered to vote, or not voting, then what the heck are you thinking?

 

Get off your butt, register, vote.

 

And, may I suggest NOW is a good time to do that?

MONDAY IS THE DEADLINE TO REGISTER TO VOTE.

Just do it.

Posted by Randall Terrell, Political Director - Equality Texas

"Shoot the queers."

Dear Houstonians,

There’s an election, Saturday, if you haven’t noticed.

I’m writing to you because you are, now, the only people that can make a difference. The only ones that can decide who will be the next mayor of Houston. The only ones who can vote.

Equality Texas, and the Texas Equity PAC, endorsed Annise Parker for mayor of Houston. Parker has won Houston-wide elections 6 times, she’s been City Comptroller for three terms and was a council woman before that.  As Comptroller, Parker has effectively and successfully managed the finances of the nation’s 4^th largest city. We said, weeks ago, that Parker was the most qualified candidate to be mayor.

Now, Parker may be the ONLY qualified candidate.

We wrote in our blog a couple of weeks ago about how a group of conservative pastors decided to oppose Annise Parker for Mayor because of her sexual orientation.  The pastors are led by a guy named Steven Hotze. Parker’s opponent Gene Locke courted, and then openly accepted, Hotze’s endorsement.

While accepting that endorsement, Locke has spoken out against Hotze’s “divisive” language, and tried to distance himself from the anti-LGBT hatred coming from Hotze. But, just this week, it became public that the majority of the funding for Hotze’s campaign against Parker actually came from Locke’s campaign.

Why is Hotze’s endorsement of Locke so poisonous? Well, Hotze has been hating on gays at least since the 1980’s when he helped mayoral candidate Louie Welch put together the “Straight Slate” of candidates for Houston city council. Don’t remember Louie Welch? You should. During the Straight Slate campaign Louie got caught joking that his three part plan for controlling the AIDS epidemic began with “1. Shoot the queers.” Yea, THAT Louie Welch.

At the time, Kathy Whitmire appealed to the Montrose community to help her defeat Welch.  It was the first time that a politician had openly courted the Houston LGBT vote—and our community rose to the challenge and helped elect Whitmire mayor.  I remember, because I voted for her.

Fast forward 20 some odd years, and Hotze is still at it.  He’s still hating gays. He’s still playing in politics. And, like before, Hotze has found a politician he can use to spread hate, and fear, and ignorance. Gene Locke.

How crazy is Hotze? According to the Houston Chronicle, Hotze explained his opposition to Parker:

We're talking about political health and the health of our society and the kind of city we want to have in the future. Do you want to have a city that promotes family values, that promotes free enterprise and opportunity and has strong leadership to uphold those values? Or do you want a city that promotes and accepts and advocates homosexual activity and wants it taught in the schools, to the kids, and that wants the growth of government to ensure that this is forced upon the citizens. Is that what you want?

And, again according to the Houston Chronicle, Hotze fears that Parker will impose her “homosexual agenda” on Houston. That supposed agenda includes forced education to make it easier for “homosexuals” to recruit children, lowering the age of consent for sexual activity, mandatory quota hiring for gays and lesbians, and prohibition of any speech which opposes “homosexuality,” Really? I never new the Houston mayor was so powerful. And, rarely, have I ever seen someone who is so ignorant or dishonest about the concerns and issues affecting gays and lesbians. Whether he’s being dishonest, or not, Hotze says he actually fears for the downfall of our civilization if Houston elects a lesbian mayor. THIS is the Hotze that Gene Locke wants backing him.

In contrast to Locke, Parker will represent Houston as an effective, professional, and fair mayor. But don’t take my word for it. The Houston Chronicle endorsed Annise Parker for mayor saying she was “clearly the better equipped by experience,” “she has established herself as an effective fiscal manager,” “she has maintained high ethical standards and decorum,” and “[a]s mayor she will present the city’s best face to the world.”

Locke claimed he was tolerant, but accepted the endorsement of bigots.

Locke spoke out against Hotze’ divisive language, but his campaign funded Hotze’s hate and fear.

Gene Locke should be ashamed, and embarrassed, and possibly indicted. But, he should not be the next mayor of Houston.

So, Houston, WHAT ARE YOU GOING TO DO ABOUT IT? 

• You have to do what you did back when Louie Welch said "Shoot the queers." 
• Yes you, and your friends, your relatives, your allies, have to mobilize.
• You have to turn out.
• You have to elect Annise Parker. This Saturday.

You have to get off your ass and vote!

Posted by Randall Terrell,
Political Director, Equality Texas

Annise Parker - Grace Under Fire in Mud Slinging.

The Houston mayor’s race was shaping up to be the first election for a mayor of a major US city in which sexual orientation did not matter. Annise never made it an issue, nor did her opponents. No one batted an eye when Equality Texas, or the Texas Equity PAC endorsed her months ago.  We are proud of Annise, and our endorsement of her. She is one of the strongest, bravest, best candidates we’ve ever endorsed.

Before this week, our country, our politics, and our society were looking more mature than they had in a long time. But now, it looks like that very brief appearance may be over.
After all the time that Annise has held office, after all the time that Annise has been running for mayor, after all the time that the other candidates conducted relatively high minded campaigns and never attacked Annise because of her sexual orientation. It is only NOW, in the runoff, that some crazy decided to declare that being a lesbian should disqualify Annise from holding public office.

The most disappointing thing about all this, of course, is that it’s not just one perennial anti-gay person. A religious organization that ought to know something about compassion and tolerance, the Houston Area Pastor’s Council, committed this week to campaign against Annise—and not because she wouldn’t do a good job, not because she wasn’t talented, or honest, or competent, or any of those things--only because she is a lesbian.

It is time for to focus on real issues affecting Houstonians. Annise Parker is the one that has the experience to address the issues that are important to the daily lives of Houston citizens.  Gene Locke not only needs to disavow these attacks, but he also needs to disassociate himself from those groups, including the Houston Area Pastor’s Council, that chooses to ignore the fact that qualifications matter and rather focuses on an issue that Houstonians have already considered when electing Annise Parker citywide 6 times – 6 TIMES!!  You can’t come to the table with clean hands when providing the mud for someone else to sling.

VOTE ANNISE PARKER – DECEMBER 12th.

Paul E. Scott, Executive Director

Schools That Never Learn

A Houston news station is reporting that a Cypress-Fairbanks I.S.D. student was beaten with a pipe last week for seven minutes until an adult witness intervened. What elevates this incident from your average brutality is that the victim knew the attack was coming, pleaded for help from the school administrators and a bus driver, (but was ignored) and then the attack occurred. The attacker reportedly wanted to “beat the gay” out of the victim. Eight kids stood around and watched.

Lest you think this was an isolated incident, a student speaker who we featured at our Houston Community Forum on Safe Schools way back in, oh, September, spoke about how he had been bullied and harassed in the Cypress-Fairbanks I.S.D. because he had two mothers. He, too, had reported the bullying and harassment to the Cypress-Fairbainks administrators--who then failed to address the situation. That situation got so bad the family had to move to another school district. And our student speaker still has nightmares—now about fears he won’t be able to keep his little brother safe from the bullying he faced.

http://www.khou.com/home/Student-allegedly-chased-beat-with-metal-pipe-says-school-administrators-did-nothing-to-help-70430507.html

While every school district has some bullying and harassment, it is telling that in both incidents kids reported the threats and bullying. And in both incidents, the parents and kids involved believed the administrators had a chance to address the situation and failed to do so.

These are the types of situations that Equality Texas is working to prevent.  Our work with the Texas Safe Schools Coalition, elected officials, school districts, and groups like the Anti-Defamation League, the ACLU, Out Youth, the Texas GSA Network, and professional groups representing teachers, administrators, counselors, is intended to give schools, kids, teachers and parents the tools they need to protect our kids. And, we intend to make sure that EVERYONE understands that every child must be protected, regardless of who they are.

Randall Terrell
Policy Director
Equality Texas Foundation

 

 

Fort Worth Expands Nondiscrimination Coverage. El Paso to Face Possible Ballot Initiative.

FORT WORTH CITY COUNCIL APPROVES INCLUSIVE NONDISCRIMINATION ORDINANCE.  EL PASO GROUP TURNS IN PETITION TO CHALLENGE DP BENEFITS FOR CITY EMPLOYEES

Congratulations to the Fort Worth City Council for voting to include transgender, gender identity, and gender expression in the city's nondiscrimination ordinance covering public accommodations, housing, and employment.  The 6 – 3 vote means that Fort Worth joins Dallas, Austin, and El Paso (public accommodations only) in including gender identity, expression, and/or transgender in some form in their nondiscrimination ordinances.

In addition to approving an inclusive nondiscrimination ordinance, Fort Worth will go forward with training city staff members  dealing with the lesbian, gay, bisexual and transgender community, and the Police Department has appointed a liaison to the community.  The city will continue to study recommendations submitted by the Diversity Task Force, including offering domestic-partner benefits and expanding the city health insurance plan to cover gender reassignment procedures.
http://www.star-telegram.com/804/story/1752886.html

Coverage by the Fort Worth CBS affiliate characterized the debate as a “showdown between morality and equal rights”.   When did the support of equal rights become an immoral act?  The City Council and supportive citizens have stood up to say that this is what is moral in making their city accessible, safe, and inclusive.  We applaud them for their moral vote to support equal rights.

This success is representative of the great work of the members of the Diversity Task Force, Fairness Fort Worth Alliance, and the many Fort Worth organizations and supporters that have worked through the process to make these inclusive changes possible.  It is important to thank them for their courage and hard work.  Sincere thanks to each of the Fort Worth City Council members, specifically the Honorable Joel Burns. Additionally, thanks should be extended to The National Gay and Lesbian Task Force, specifically Lisa Mottet for providing research and advice and for many activists across the state for lending their support when needed.

With progress in Fort Worth on Tuesday came a group’s petition to restrict the City of El Paso from providing domestic partnership benefits to city employees.  The petition now will go to the City Council for a vote within 30 days.  If the El Paso City Council votes the petition down, the petitioners will have to collect additional signatures to place it on the ballot.  Equality Texas will be working with our El Paso partners to prepare for a ballot initiative to defeat this attempt to restrict benefits for city employees.

Paul E. Scott, Executive Director

We Didn't Win Everything. Still, We Won.

Last night the LGBT and allied community suffered through some agonizing election returns. We won some. We lost a big one. How do you evaluate such a mixed bag of election results across the nation? Then, how do you apply those lessons to the movement for equality in general?

It’s not as hard as you think.

We won.

No, we didn’t win everything. The big prize of marriage in Maine got away. Still, we won. Let’s take stock.

The anti-discrimination ordinance (employment/public accommodation) in Kalamazoo, Michigan: Won that one, clearly, 62% to 38%. Kalamazoo is a small town (there were only 12,500 voters), of uncertain progressive character. It is more akin to some places in Texas than you might think. Yet, voters overwhelmingly backed protections for gays, lesbians, bisexuals and transgender people.

Generally, U.S. voters think it’s wrong to discriminate against people PERIOD. In Texas, the Kalamazoo ordinance is basically the same as Rep. Mike Villarreal’s HB 538 (workplace nondiscrimination) and Rep. Jessica Farrar’s HB 2215 (nondiscrimination in housing and public accommodation) filed during the last Legislative Session. What little polling that has been done in Texas on this issue shows Texas voters supporting these protections in the 50-80% range. Yes, even the low approval numbers have us winning on this in Texas. Austin, Dallas, Fort Worth, Houston, and El Paso all have similar, or more limited protections.

Washington State: Referendum 71 - “Everything But Marriage.” Right now, it looks like we won that one, too. It was a statewide vote and (as of Wednesday morning) the Referendum is narrowly ahead with predictions that it will keep that lead. Essentially, the Referendum would grant same-sex couples the same rights as married couples (that is, all the rights except the ability to call themselves married). Think hospital visitation rights, family medical leave, inheritance rights, child custody, insurance benefits, etc.--you know, all those things that make living life as a family practical but are mostly denied in Texas. Those rights passed in Washington.

Similar Texas efforts include Rep. Donna Howard’s HB 1455 (enforcing medical directives), Rep. Eddie Rodriguez’s HB 353 (hospital visitation), Rep. Elliott Naishtat’s HB 861 (competitive insurance benefits for UT and A&M faculty and staff), and Rep. Rafael Anchia’s HB 2080 (allowing both same sex parents on a child’s birth certificate). All these have a good deal of support in the Texas Legislature. While Referendum 71 lost in the rural eastern portion of Washington, it passed in the more urban western part—which is a lesson for how equality will be achieved in Texas.

Also of note in yesterday’s election are the new gay mayor in Chapel Hill, North Carolina and first openly gay elected official in St. Petersburg, Florida. In Houston, Annise Parker was the top vote getter in a four way race for mayor. Parker is now headed into a runoff and could become the first openly lesbian mayor of any of the top 25 most populous cities in the U.S.

What is important about these races is that a candidates’ sexual orientation is no longer a bar to holding office. People can win not because, or despite, their sexual orientation, but without regard to it at all.

In passing, did you notice that Austin just extended COBRA type benefits to city employees and their partners. And El Paso now offers domestic partner benefits to its employees?

And then there is Maine. Yes, we lost. Voters overturned a state legislative decision to allow same-sex couples the same marriage rights as everyone else. And by “we lost”, I mean every person living in the United States.  Maine’s loss was a step back for equality, for human rights, and for the underlying dignity of every human being in this country. How can we hold our heads up when so many voters continue to hold such backwards, bigoted attitudes towards the relationships of other people that they vote to deny those other people the right to marry whom they love? It’s hard, I know.

The vote in Maine was a sign post on the road to equality. Sure, the voters overturned marriage equality, but it wasn’t a resounding victory for the forces of darkness. It was hardly a blow out. The final vote difference was in the low single digits. In fact, until late in the night, the marriage equality forces were winning. And it wasn’t an “organic” victory—one in which the other side won without campaigning and on the moral and logical force of their argument. The other side won only with a huge effort, an influx of out of state money, and wildly deceitful claims in their advertisements. Maine was hardly a victory to soothe those who would deny others equality. Rather, it must necessarily be seen as a temporary setback to our side and the last hurrah of the narrow minded. Demographics are on our side. We will achieve marriage equality, it’s just not happening as fast as we all would like it to happen.

Don’t view the Maine vote in a vacuum, either. The Maine election was not a referendum that came out of the blue. It was an effort to overturn the positive act of the Maine Legislature that recognized marriage equality. The leaders in Maine get it.  As do the folks in Massachusetts, New Hampshire, Vermont, Connecticut, and Iowa. All people should be treated equally. And a 52% rejection of a legislative act in Maine is not a resounding rejection, it’s a difference of opinion.   It is unlikely that any Maine legislator will pay a price at the polls during the next election for their support of equality. And no legislator will be scared from voting for other, frequently more popular pro-equality measures like non-discrimination, hospital visitation, anti-bullying harassment requirements for schools, equal adoption rights, etc.

Did you notice that neither of the U.S. Senators from Maine, both supposedly moderate Republicans, would say how they voted.  Both were too scared, or too cautious, to take sides in the battle. Shame on them. But, when a sitting Republican elected official is too scared, or ashamed, to take a public stand against marriage equality you can bet that the days of using anti-gay measures as voter turnout mechanisms are drastically numbered.

And that should be a lesson for Texas. The days of institutionalizing anti-lgbt hatred and bigotry are extremely numbered. Sure, conservatives can turn out the base, particularly in Republican primaries, by pandering to narrow minded, bigoted, or simply scared individuals.  But at what cost? Few progressives, liberals or independents--and increasingly fewer conservatives--want to think of themselves as advocating or voting for discrimination against other human beings. 

And the politicians leading the charge of bigotry against lgbt people smack of the same backwards, narrow-minded, and hateful attitudes that opposed the civil rights movement. Few politicians want to be remembered by history as opponents to progress. Yet, conservative politicians now face that dilemma—be remembered by history as outspoken opponents to fairness, equality, families,  and love, or be remembered as champions of those timeless values. Or, perhaps worst of all for a politician, not be remembered at all.

Yes, we won, yesterday. But, more importantly, we’re going to win tomorrow.

Posted by Randall Terrell, Equality Texas Political Director

Jackson: Why has Texas' James Byrd Jr. Hate Crimes Act been so ineffective?

As a journalism student at UT and a communications intern here at Equality Texas, I wanted to write a story on the issues involving the James Byrd Jr. Hate Crime Act as it pertains to us here at the office.  Here is a little bit about what I found, and what those who interact with the bill directly had to say.  The result was a radio piece that is linked at the bottom of this page. 

The James Byrd Jr. Hate Crime Act was passed in 2001, effectively prohibiting crimes of bias and prejudice based on "sexual preference", among an array of other classes.  LGB persons across the state, as well as other minority groups, seemed to breathe a sigh of relief at the thought of finally having the law on their side. 

In the almost nine years since the bill's passage, this relief has worn off.  A mere nine hate crimes have received affirmative rulings during this time, while statistics indicate that reported hate crime numbers exceed 1,800.  

As a victim of a hate crime, I find these numbers to be especially appalling. I can attest that when my boyfriend and I were targeted last Spring, I had no idea such a law even existed.  I began to wonder, then, how many people really know that they are protected under this bill.

The James Byrd Act raises the degree of a crime one level if the prosecuting attorney can prove that the crime was motivated by bias or prejudice.  For example, if the crime had constituted a Class B misdemeanor, then when a hate crime ruling is tacked on the crime becomes a Class A misdemeanor and punishment increases thusly.

So what's the problem with this?  Buddy Meyer, Assistant District Attorney to Travis County, says that the reason such a small amount of hate crimes have received affirmative rulings is that prosecutors are simply unable to prove it.

I think that's a cop-out.  The bill specifically requires the Attorney General to implement a training program that must be made readily available to prosecutors on how to deal with these cases, especially how to receive an affirmative hate crime ruling.

When asked, Meyer said that he was unaware that this provision existed. 

Something is obviously not adding up. When I contacted the AG's office for comment, they told me that the Act was part of criminal law, so they have no jurisdiction.  When I mentioned the provisions governing the actions of the AG, they refused to comment.

The reality is that the 2001 bill required the AG to implement, and make readily available to all schools, an educational video that informs viewers of what constitutes a hate crime, and what the punishments are.  This on top of the provision regarding training of prosecutors.

Representative Marc Veasey (D - Ft. Worth) has proposed a bill in the past two legislative sessions that would, "require the Texas Attorney General to conduct a study to examine the success of the James Byrd Jr. Hate Crimes Act and identify barriers to the effective use of, and prosecution under, the Act."  The bill died in committee both sessions.

With the recent passage of the Federal Hate Crimes Bill, more pressure will likely be on Texas prosecutors to obtain hate crime rulings, since the bill gives the federal government power to intervene when states are not upholding the provisions of their own hate crime statutes.

As voting, working, functioning citizens in society, we should all have equal protection - not just by law, but through the execution of law as well.  All you can do is be aware of your options, and help others understand them too.  Hate crimes are a horrible thing.   As a society, everything possible should be done to curb these events.  Hopefully the Texas Legislature will listen.

Listen to the radio piece here:

 

Posted by Hunter Jackson

Hunter Jackson is a student at the University of Texas at Austin.
He is currently a Communications & Media intern at Equality Texas.

Federal Hate Crimes Legislation - A Grim Victory

Today, President Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. It is an important, yet grim, victory for the LGBT and other targeted communities. Among other important steps, the Act marks the first time federal law has referred to “gender identity” in a positive manner and offered transgender persons some form of protection.

It has taken 13 years, untold victims, multiple deaths, and the efforts of survivors, loved ones and activists to get the Hate Crimes Act passed. No one, of course, expects the Act to actually end hate crimes.  However, the hope is that by granting the federal government the jurisdiction and resources to prosecute hate crimes people will become more aware, and educated, about hate crimes--eventually leading to an overall reduction in this, one of the most hideous forms of violence.

Hate crimes are never pretty, and it is tough to talk about them. But it is important to remember them so that we have the motivation, and courage, to move forward.  For those of you too young to remember it serves to recount the barest details about the men, and the crimes, for which the Act was named. In 1998, Mr. Shepard, only 21 years old at the time, was tortured, beaten, crucified and left to die on a barbed wire fence in Wyoming. He died in a hospital five days later from head injuries. Mr. Shepard was targeted because he was gay. In 1999, Mr. Byrd, a 47 year old father, accepted a ride home from three men (one of whom he knew), but instead of being driven home was beaten and dragged to death behind a pickup truck. His body was found spread over three miles of road in East Texas. Part of the perpetrators’ defense relied upon claims they had slashed his throat before they dragged Mr. Byrd (so he suffered less), but these claims were countered by the forensic evidence. Mr. Byrd was targeted because he was a African-American.

Mr. Byrd’s death led directly to the passage, in Texas, of the James Byrd Jr. Hate Crimes Act in 2001. Thanks to the steadfast support of African-American and Hispanic state legislators, the Texas version of the Hate Crimes Act included the first-ever statewide protection for gays and lesbians. Undoubtedly, the Texas act would have passed years earlier if it had not included this protection, and it was only through the united support of all communities over several years that the Texas act was as inclusive as it was. Without this support it is likely that there would still be no Texas protection at all for gays and lesbians.

The Texas act, however, did not include protection based upon gender identity. This is a failure that some Texas legislators, notably Rep. Garnet Coleman (D-Houston) have been trying to correct ever since.

Given that Texas already has a hate crimes act, will the federal act have any effect upon Texans? There are, in fact, several benefits of a federal act, some of these are obvious, some not. Some are legal, some political.

Most significantly, of course, the federal act includes protection for people based upon gender identity. Transgender people are some of the most disempowered, vulnerable, and misunderstood people in our country. Consequently, they suffer disproportionately from hate crimes and those hate crimes are disproportionately violent and ultimately fatal. It is estimated that one person in this country is murdered every month because of their gender identity--which is extraordinarily high given the small demographic population.  (For those who have participated in the Transgender Day of Remembrance this is probably not news). So, gender identity protection is a significant hallmark of today’s federal act.

The lasting legacy of the federal Hate Crimes Act, however, is likely to be the political line that has been crossed. For the first time ever at the federal level, sexual orientation and gender identity are included in the “laundry list” enumeration of protected classes. This marks a graduation, of sorts, for the LGBT community marking our passage from the “minority among minorities” status that treated LGBT people as unworthy of protection to “accepted minority community” status.

To mix metaphors, the LGBT community has taken its first step toward full minority community status, against which (like the other established minority communities) discrimination is legally, socially, and morally unacceptable. And, much like the passage of the Texas Hate Crimes Act, the willingness of all minority and targeted communities to hang together and insist upon inclusion, and this time full LGBT inclusion, in the federal Hate Crimes Act means that we can work with anyone, and they with us, to pass legislation and advance the cause of equality.

The raw fact of a victory for the LGBT community is, in itself, politically important. No longer can a federal politician say “I support equality, but a bill with full LGBT inclusion will not pass.” Wrong. It just did. No longer will LGBT inclusion be the dreaded death knell for a good human rights bill--the unchallengeable, yet unsupported, assumption behind a politician’s sympathetic “I’d like to help you, but…..” LGBT protection can pass. It has passed! Henceforth, it will be difficult to create any list of enumerated classes or human rights legislation that does not fully include the LGBT community.

Beyond the federal political implications, the (now, as of today) existence of the federal Hate Crimes Act will also directly affect the prosecution of hate crimes in Texas. The federal act gives the United States Attorney general the power to prosecute violent hate crimes in instances when there is no state hate crime law, a state is not enforcing its own hate crime law, or when a state asks for help.  In other words, the federal law says “Do it, or we’ll do it for you!” As much as Texas politicians love to bemoan federal interference, the threat of that interference is likely to spur Texas prosecutors to act.

Because Texas has no hate crimes protection based on gender identity, any hate crime in Texas against a transgender person now automatically qualifies for federal prosecution. This is infinitely more protection against hate crimes than transgender people had before. It also makes it more likely that the Texas legislature will pass a bill to include gender identity protection in our own Texas Hate Crimes Act, if for no other reason than to keep federal prosecutors out of the hate crimes business in Texas.

Under the new law, the federal government can also get involved in hate crimes prosecutions if a state is not enforcing its own laws. This federal authority could motivate Texas politicians and prosecutors, as well. Texas police officers have investigated over 1,800 potential hate crimes since the Texas James Byrd, Jr. Hate Crimes Act was passed in 2001. But, Texas prosecutors have only tried fewer than a dozen cases in which they sought a conviction as a hate crime. Fear of federal interference may lead more Texas prosecutors to seek hate crimes convictions. That same reluctance to see federal interference might lead Texas politicians to ask “why aren’t more hate crimes being prosecuted as such?” This motivation could lend more political support to the proposal to conduct a Hate Crimes Study, carried by Rep. Marc Veasey (D-Fort Worth) for the last two sessions.   Such a study is intended to identify ways to make the Texas hate crimes act better, and more enforceable. At the same time, the findings of such a study might convince the feds that Texas prosecutors were, or were not, really trying to enforce their own laws.

Today, then, is a good day to take a few minutes to think about where we are, as an LGBT movement. We’ve come a long way, frequently because of the violence that has been inflicted upon our community—either as a group (ala Stonewall or Rainbow Lounge) or individually (ala Matthew Shepard, Harvey Milk, et al. ad infinitum). Today’s signing marks just such progress. It’s nice that someone will get punished for beating the hell out of you, just because you might be LGBT.

At the same time, it reminds us we have a long way to go toward full equality. You can still be fired in Texas just because you’re gay. You can be denied the opportunity to adopt because you’re a lesbian. You cannot have both your adoptive parents on your birth certificate if they’re the same sex. If your partner is in the hospital, you can be denied the right to sit at their bedside. If you’re a Texas kid, you still face challenges in school and you are far, far, more likely than straight kids to drop out of school, attempt suicide, be beaten or kicked out of the house and wind up on the streets. Just because of your sexual orientation or gender identity/expression.

Yet, there is hope. Today’s victory is strong proof of that. And we have the momentum. But we have a long, long way to go. Join us in the journey. You make equality happen.

Posted by Randall Terrell, Political Director