The following is a statement released by the Sylvia Rivera Law Project, FIERCE, Queers for Economic Justice, Peter Cicchino Youth Project, and Audre Lorde Project. Unfortunately there has not been an effort in Massachusetts to offer the same critique of the Hate Crimes legislation currently being advocated for by the Mass Transgender Political Coalition. We must not turn to the tools of the prison industrial complex in order to secure "rights" or "recognition" by the state. Radical transformation and justice are needed not assimilation into structures of domination and oppression.
Dear members of the GENDA coalition and all allies in the struggle for trans liberation:
We write to you today because we are deeply concerned with the
version of the Gender Employment Non-Discrimination Act (GENDA) that
was recently introduced in the New York State Assembly. We are members
of transgender and gender non-conforming communities of color, allies
to these communities, and representatives of organizations that work to
advocate for and increase the political voice of these communities. As
written, the GENDA bill adds gender identity and gender expression to
the protected categories of NY anti-discrimination law by adding it to
the State Human Rights statute.
We are excited and heartened by progress on this front, as many of us
have struggled to end discrimination against trans people for years.
Unfortunately, the GENDA bill also includes gender identity and gender
expression as a “protected†category under the NY hate crimes statute.
We want and deserve legal protection from discrimination in the
workplace, in housing, and in public accommodations.
Transgender people in New York are frequently fired from jobs;
kicked out of housing, restaurants, restrooms and hotels; and harassed
in schools and public institutions. It is essential that we have legal
recourse to take action when trans people are discriminated against in
this way. It is also essential that this form of discrimination is
publicly declared unacceptable—in our state, in our society, and across
the world.
It pains us that we nevertheless cannot support the current
GENDA bill, because we cannot and will not support hate crimes
legislation. Rather than serving as protection for oppressed people,
the hate crimes portion of this law may expose our communities to more
danger—from prejudiced institutions far more powerful and pervasive
than individual bigots. In New York, the hate crimes portion of the
penal code adds automatic penalty enhancements to certain crimes that
are deemed to be hate crimes: crimes based on a person’s race, color,
national origin, ancestry, religion, religious practice, age,
disability, or sexual orientation.
If a particular crime is deemed a hate crime by the state, the
supposed perpetrator is automatically subject to a higher mandatory
minimum sentence. For example, a crime that would carry a sentence of
five years can be “enhanced†to eight years. As GENDA is currently
written, if passed it would further expand this law, providing
additional grounds for penalty enhancement.
As a nation, we lock up more people per capita than any other
country in the world; one in one hundred adults are behind bars in the
U.S. Our penalties are harsher and sentences longer than they are
anywhere else on the planet, and hate crime laws with sentencing
enhancements make them harsher and longer. By supporting longer periods
of incarceration and putting a more threatening weapon in the state’s
hands, this kind of legislation places an enormous amount of faith in
our deeply flawed, transphobic, and racist criminal legal system. The
application of this increased power and extended punishment is entirely
at to the discretion of a system riddled with prejudice, institutional
bias, economic motives, and corruption.
Trans people, people of color, and other marginalized groups are
disproportionately incarcerated to an overwhelming degree. Trans and
gender non-conforming people, particularly trans women of color, are
regularly profiled and falsely arrested for doing nothing more than
walking down the street. Almost 95% of the people locked up on Riker’s
Island are black or Latin@. Many of us have been arrested ourselves or
seen our friends, members, clients, colleagues, and lovers arrested,
often when they themselves were the victims of a violent attack.
Once arrested, the degree of violence, abuse, humiliation, rape,
and denial of needed medical care that our communities confront behind
bars is truly shocking, and at times fatal. In popular conception,
hate crime laws were enacted to protect oppressed minorities against
bigots who would seek to terrorize a community through violent crime:
racist lynchings, gay-bashing, anti-Semitic violence, and so forth.
Unfortunately, the popular imagining of the operation of hate crime
laws does not bear out in reality. Hate crime laws do not distinguish
between oppressed groups and groups with social and institutional power.
Compared to white men, Black men are disproportionately
arrested for race-based hate crimes. The second-largest category of
race-based hate crimes tracked by the FBI is crimes committed against
white people. Every year, the FBI reports a number of so-called
“anti-heterosexual†hate crimes—incidents where members of the LGBT
community have been prosecuted for supposedly targeting straight people
with criminal acts.
If GENDA is passed with the hate crime component intact, trans
people could be subject to “enhanced penalties†for crimes against
non-trans people. The possibility of hate crime charges could arise in
any dispute that involves gender identity or expression. In the case
of the “New Jersey 4,†a group of young queer women of color were
incarcerated for defending themselves against the homophobic attacks
and slurs of a straight man, who accused them of committing a “hate
crime†against him. It is all too easy for a prejudice-motivated attack
to become a fight for survival, and for a fight to be turned against
oppressed communities.
There might be some cold comfort in “enhanced sentencing†if it
actually benefited our communities in any way. Unfortunately, the
harsher penalties of hate crime laws have not been shown to prevent or
deter hate crimes. It is hard to imagine that someone moved to brutally
attack a trans person would pause to consider that they might get a
longer sentence. In fact, there is some evidence that longer sentences
actually increase the chance that an incarcerated person will repeat a
crime after they are released. Incarceration does nothing to address
the root reasons why someone was violent or hateful; it only plunges
them into deeper poverty, further isolates them from their community,
and subjects them to further violence and trauma.
In many cases, incarceration may worsen prejudices and make
people more likely to be alienated and violent when they are released.
Worst of all, when our society incarcerates someone who truly hates
trans people, we provide them more opportunities to commit anti-trans
hate crimes while incarcerated. Our many transgender community members
in prison face intimidation, harassment, and violence on a daily basis.
Hate crime laws are an easy way for the government to act like it is
on our communities’ side while continuing to discriminate against us.
Liberal politicians and institutions can claim “anti-oppressionâ€
legitimacy and win points with communities affected by prejudice, while
simultaneously using “sentencing enhancement†to justify building more
prisons to lock us up in. Hate crime laws foreground a single accused
individual as the “cause†of racism, homophobia, transphobia, misogyny,
or any number of other oppressive prejudices. They encourage us to lay
blame and focus our vengeful hostility on one person instead of paying
attention to institutional prejudice that fuels police violence,
encourages bureaucratic systems to ignore trans people’s needs or
actively discriminate against us, and denies our communities health
care, identification, and so much more.
Anything that expands the power of a system that damages our
communities so severely is against our long-term and short-term
interests. Any legal weapon that’s created to make our justice system
more harsh and punitive cannot be trusted in the hands of institutions
that have shown their prejudices and corruption time and time again.
Because of the way this legislation has been turned against the
communities they were intended to protect, we regard “sentence
enhancement†hate crime laws as one of the greatest follies of
late-20th-century liberal politics.
Some of us have expressed this concern to (other) members of the
GENDA Coalition after we became aware of the hate crime aspect of the
proposed bill. We know that this coalition of many organizations and
hard-working community members has been working for years to make
anti-discrimination law a reality in our state and we respect their
dedication to this work. We were happy that some of us had an
opportunity recently to engage in dialogue about the hate crimes
provisions of GENDA with them. We left the conversation with the shared
knowledge that the United States criminal legal system is deeply
flawed, that it would be entirely possible to leave out the hate crimes
portion of the GENDA bill when it was re-introduced this session, and
that making such a change could mean that it would take more time to
get the bill passed because of the need to educate our elected
officials about these issues.
We are deeply disappointed that, with this knowledge, the
majority of the GENDA Coalition decided that they would rather “come
back to hate crimes legislation later†and still actively work to pass
a version of the bill that would expand hate crime laws now. Trans
communities know all too well what it’s like to be told “we’ll come
back later to protect you.†One argument made in our conversation was
that because so many other groups are covered by the New York hate
crimes statute, trans people should not be “the sacrificial lamb.â€
Unfortunately, because “sentence enhancements†actually make
communities more vulnerable to prejudice in the criminal legal system,
it is the many other “protected classes†that have already been
sacrificed on the altar of hate crimes.
The real victims who are liable to be thrown to the wolves in
this case are the most marginalized members of trans and gender
non-conforming communities: poor people, people without jobs or
housing, people who resort to survival crimes in order to get by or
access health care, people with substance abuse problems, sex workers,
youth, people with disabilities, and so many more who are
disproportionately targeted for violence, harassment, prejudice in the
courts, and incarceration. These are the same people our community must
mourn every year at the Trans Day of Remembrance. Can we really
continue to shed tears and flowers for the dead if we eagerly hand the
state more power to crush the same people?
The signatories to this letter cannot and will not support this
version of the bill. We can not help pass a bill through the state
legislature that could further endanger our communities. We hope and
plead for a better GENDA bill that will make the hard-fought dream of
anti-discrimination law a reality for all trans and gender
non-conforming people in New York state, without sacrificing the most
endangered members of our community. We also commit and ask others to
join us in our commitment to work on real ways to address hate violence.
When thinking about responding to hate violence, we believe the most
important question is not “who is the perpetrator and how can we punish
them?†Rather, we want to ask “how can we help the survivor(s) and the
community heal from this violence? How can we prevent it from happening
again?†Many people and organizations in New York and around the world
are doing creative, transformative work to find real solutions to these
questions. Some organize communities to intervene in violence without
relying on law enforcement.
Some develop alternate ways to resolve conflicts. Some help
break down prejudice and fear with public education and training. Some
help make sure that our communities have access to basic necessities in
life and are not forced to be in situations where they are particularly
vulnerable to violence. Some fight to hold the state accountable for
violence it perpetrates against our communities. Some educate
community members about ways to defend themselves and deescalate
confrontations. Some provide services, advocacy, and support for
survivors of violence.
These are just a few of the strategies that we have used and
seen others use locally to develop the approaches to hate violence that
we and our loved ones need and deserve.Please join with us in working
to make New York State a safer and more just place for trans and gender
non-conforming people. Please join us in supporting an improved version
of GENDA that will provide much-needed legal protections against
discrimination without endangering our communities and strengthening
the prejudiced system of criminal punishment.
Sincerely,
Sylvia Rivera Law Project
FIERCE
Queers for Economic Justice
Peter Cicchino Youth Project
Audre Lorde Project
Posted under anti-racism, prison aboliton
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