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Violence against LGBTQ People, by Caitlyn Caniglia


“20 Years After Matthew Shepard’s Brutal Murder, LGBTQ People Are Still Facing Epidemic of Violence”, a headline from the Human Rights Campaign from October 12 of 2018. The headline showing the distance the community has come since the hate crime of Matthew Shepard. A quote from the article states, “The Anti-Violence Project reported an 86 percent increase in hate violence-related homicides of LGBTQ people between 2016 and 2017. Last year was also the deadliest year on record for the transgender community with at least 29 transgender people — mostly Black transgender women — killed.” (Viet Tran, Human Rights Campaign) These statistics are only some of the horrific things that have happened in recent years including states lacking in rights for the LGBTQIA+ community against hate crimes, “Currently, 32 states lack statutes that include sexual orientation and gender identity as protected characteristic under state hate crimes prevention laws.” (Tran, Human Rights Campaign)  These 32 states that lack statutes are unable to properly represent and defend their citizens from these awful hate crimes that are committed. Such as in Two Spirits in which Fred Martinez was murdered in his hometown by a man. The motive of this man is unknown but getting it prosecuted as a hate crime was difficult. Watching this documentary in class really showed me how difficult it is not only to be a member of the LGBTQIA+ community but that it still to this day can create a large target for a hate crime.  The community that Fred Martinez was in was not accepting of who Fred was as a person, however the people around him were. Fred did not feel threatened within his community due to his home life being safe and that they surrounded themselves within a community of safety. Fred however was murdered by someone who was not knowing of who they were as a person.
The crimes against people who are LGBTQIA+ with their rights in a normal setting are still not upheld, yet alone within the unjust prison system. The Queer Injustice text discussed how many LGBTQIA+ people are targeted within the prison system in which hate crimes are committed. There have been acts trying to be passed against crimes within the prison system, “ …Prison Rape Elimination Act (2003) are a case in point” (Queer Injustice)  The rights that a prisoner has are very limited to none yet alone a prisoner who is a member of the LGBTQIA+ community. They face much larger bias from not only the prisoner but also the prison administration. The issue at hand is that people do not often believe that LGBTQ+ members have been harassed or sexual assaulted as they were “asking for it”. With this act being passed it was in hopes for female prisoners against the prison guards but realized that it could apply largely to the LGBTQ+ members as well. The prison reform efforts are not recognizing the sexual assaults that are happening within the community in the prison system. Recognizing the assaults as a hate crime is a key part of a prison reform movement we need.
The hate crime laws have been improved since the death of Matthew Shepard and Fred Martinez, “Hate Crimes Prevention Act, also known as the Matthew Shepard Act, is an American Act of Congress, passed on October 22, 2009, and signed into law by President Barack Obama on October 28, 2009, as a rider to the National Defense Authorization Act for 2010” (Matthew Shepard Act) Is this enough though? I think that the Act being passed is a great step forward in the LGBTQIA+ community, but the job is not yet done. In order for this to be effective there needs to be actual repercussions for hate crimes that is recognized nationally. The use of a national report system as well as regulation would create an equal playing field for a member of the LGBTQIA+ community. In a article from the Human Rights Campaign reading, “Step Forward for Comprehensive Hate Crimes Laws in Mississippi” (Rob Hill, Human Rights Campaign) The article discusses how Mississippi wishes to make a law against hate crimes in the LGBTQ+ community. A small step forward again however it creates only 31 more states in need to make laws similar. While the bill was not yet voted onto the floor due to a missing deadline, it still has the opportunity to show up next year with strong support. In order to make change in these hate crimes we must recognize what is happening within our community and make a change. Law can only take us so far. 





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