Following the passage of the MA Transgender Equal Rights Bill, there have been a series of articles and Letters regarding the Hate Crimes component.
It began with the statement in a Bay Windows FAQ article by GLAD: “It also adds protections based on gender identity to Massachusetts’ hate crimes law. That means that people convicted of anti-transgender hate crimes will face added criminal penalties and increased fines.”
Reed Miller of Black and Pink wrote a critique of that statement:
Dear Editor,
This week’s edition ofBay Windows includes anFAQ on the Trans Equal Rights Bill from GLAD.
Discussing the inclusion of gender identity to the hate crimes law, it states, “that means that people convicted of anti-transgender hate crimes will face added criminal penalties and increased fines.” While correct, this is not the complete truth.
Supporters of hate crimes legislation often omit the reality that a whole class is protected — not just the oppressed people. That means that trans people can also face added criminal penalties and fines for “anti-cisgender hate crimes.” For example, self-defense situations may get construed as such. Statistics show increasing “anti-white” people “hate crimes.”
I am a transman, and I volunteer for Black and Pink, an LGBTQ prisoner support organization based in Boston. We did not support the bill due to its inclusion of hate crimes legislation, for the above reason and many others. That was a challenging thing to do because of the many positive aspects of the bill. A coalition of organizations including Sylvia Rivera Law Project, FIERCE, and Queers for Economic Justice put out a similar statement with regards to NY’s GENDA a few years ago.
We hope that the inclusion of gender identity in the hate crimes statute can be reversed, and that our community can realize that the police and courts and prisons are not our protectors — they never have been. We need to revisit our history and come together for real, community-based solutions to transphobia.
Sincerely,
Travis Reed Miller
Don Gorton offered a weak rebuttal of Reed’s letter, which will of course be challenged! We’ll post it here for you.
To the editor:
Criticizing hate crimes laws that include gender identity bias in a letterappearing in the December 8, 2011 edition of Bay Windows, Reed Miller portrays the criminal penalties in the recently-passed Trans Equal Rights Law as a double-edged sword. He says advocates concealed the “reality” that Trans people can be prosecuted for hate crimes against cisgender people under the new statute.
Has anyone ever heard of a Trans person attacking a cisgender individual while shouting epithets indicative of bias against conventional gender expression? Has a Trans person ever has been prosecuted for “anti-cisgender” violence under inclusive hate crimes laws? Unless those two questions can be answered in the affirmative, the very suggestion that Trans people face legal jeopardy from the anti-hate crimes provisions of the Trans Equal Rights Bill is absurd.
Mr. Miller argues for “real, community-based solutions to transphobia” as an alternative to hate crimes laws. It is telling that he offers no specifics on what tactics (apart from vigilantism) could put a stop to crimes that are raging out-of-control, according to research data. While non-enforcement-related responses to anti-trans violence are an essential part of an overall protection strategy, the notion that such crimes can be stopped without the deterrent effect of criminal sanctions lacks credibility.
Don Gorton
Chairperson, The Anti-Violence Project of Massachusetts
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