Growing
up I watched a lot of Law and Order. Because I watched so much Law and Order, I
thought I had a good understanding of what a hate crime was. It wasn’t until I
attended a hate crimes community forum held by my university that I realized I
actually had no idea what a hate crime was or what necessarily constituted one.
According to the assistant district attorney of Denver there are a series of
federally protected classes, those classes include race, sex, color, religion,
national origin, age, and ability. Colorado is one of the few states that
include sexual orientation as a protected class (and has done so since 2009),
but there are many states that still don’t consider sexual orientation a
protected class because it is not federally recognized as one. I believe that
this has a direct impact on the way hate crimes against the LGBT community are
handled and addressed. I was both shocked and appalled when I learned this and
those feelings were only amplified when I read Michael Warner’s The Trouble with Normal to Queer
(In)Justice.
When discussing violence against LGBT
people, Michael Warner explains that there is an inherent problem in what
constitutes a hate crime. On page 218 of his book he says “the terms bias or
hate crime suggest that such violence is motivated entirely by prejudice
(presumably irrational) and not informed by historical patterns of dominance
and subordination that produce tangible political, social, and economic
benefits for majority groups.” By this definition, one could assume that hate
crimes have a single cause. He explains that even though our terminology may be
outdated or insufficient, we must recognize that a lot of these “hate crimes”
can exist structurally and must be addressed in society.
But
Michael Warner’s analysis spans beyond general problems and inconsistencies
within hate crime law. The way we think about hate crimes disproportionately
affects the LGBT community. He explains that gender and sexuality based
violence are among the most under reported In the United States. Many members
of the queer community are often discouraged from coming forward for fear of
retaliation from their attackers or abusers and a fear of disclosing their
sexual orientation or identity. Another factor that may dissuade victims from
coming forward that I had never thought about was the possibility of
incriminating one’s self, if they were engaged in traditionally criminalized
sex acts like sodomy or sex work. These are just a few of the factors that may
prevent members of the queer community from coming forward when they experience
violence on the basis of their gender or sexual identity.
But
because crimes against the queer community are so under reported, it creates
less incentive for members of government and law enforcement to provide
accurate information to the public and even when their information is accurate
it only represents a small portion of the population that is not impacted by
the variables listed above. Warner says, “In 2007, for example, only 2,025 out
of nearly 17,000 law enforcement agencies reported hate crime data to the
federal Uniform Crime Reporting Program.” This is just one example of the gross
mischaracterization of crimes against the LGBT community Perpetuated by
law-enforcement and their yearly reports.
So, if
there are this many problems with our criminal justice, law-enforcement, and
judicial systems, why hasn’t there been any form of serious reformation? All
the problems that we’ve seen in the enforcement of hate crimes la are a result
of the lack of recognition that hate crimes are not isolated events. Hate
crimes are not a result of a single negative thought or discriminatory action
against a person, but rather a history of supremacist ideology that leads one
to otherize people of marginalized communities. Warner tells us, ““Hate or
bias-related violence is portrayed as individualized, ignorant, and aberrant—a
criminal departure by individuals and extremist groups from the norms of
society, necessitating intensified policing to produce safety. The fact is many
of the individuals who engage in such violence are encouraged to do so by
mainstream society”.
From
what Michael Warner has told us we can gather that one of the biggest problems
in a hate crime enforcement is the social conditioning that teaches us to
believe that he crimes are individual acts of terror. If that is the case, then
why shouldn’t queer advocacy organization support other responses to violence
against the LGBTQIA+ community? I think that one of the best responses would be
a form of counter social conditioning whether that be through the form of
education or awareness campaigns geared toward informing the public about this
gross miscarriage of justice. In her book Feminist
Theory, bell hooks suggests that the biggest problem with modern day social
justice movements is that they seek to reform a current structure that should
be completely transformed. She explains that by creating an informed and
educated constituency we guarantee a future of progressive legislation and adequate
enforcement of those policies. I believe that queer advocacy organizations
ought to seek to educate the public and the generation of tomorrow. Let’s not
allow the next generation to believe that Law and Order is an adequate
representation of hate crime law enforcement today.
Thank you for this post!
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