Facing Hate
Like many transgender people, Jessie Gilliam faces harassment daily because of her gender expression. "In an airport once I was handed off to the male security guard who frisked me and laughed upon realizing I had a female body. I avoid public bathrooms. The other day, a stranger on the street asked, 'Girl, right?' I told him it was none of his business and he followed me for almost two blocks trying to figure it out. That was really scary," recalled Gilliam. "People feel it's their right to confront strangers about their gender in ways they would never question other aspects of your identity."
Imagine fearing harassment each time you walk into a public bathroom, renew your driver's license, check out a library book or board an airplane. On a daily basis, countless transgender Americans prepare themselves for rude and sometimes dangerous reactions from strangers.
Violent crimes also are a serious threat to transgender people. Only six states — California, Minnesota, Mississippi, Missouri, New Mexico and Vermont — and the District of Columbia have extended their hate crimes laws to cover crimes motivated by gender. Several hate crimes against transgender people have made national headlines.
The movie "Boys Don't Cry" brought nationwide attention to the murder of Brandon Teena, a 21-year-old transgender man from Lincoln, Neb. He moved to Falls City, Neb., and was raped Dec. 25, 1993, by acquaintances John Lotter and Tom Nissen who read in a local newspaper that he was female. Teena reported the rape to Sheriff Charles Laux, who then failed to offer him protection and told the rapists about the complaint. Six days later, Lotter and Nissen stabbed and then shot Teena and two friends — killing all three. In 1995, Lotter and Nissen were found guilty of first-degree murder. Nissen testified against Lotter in order to avoid the death penalty and was sentenced to three consecutive life terms. Lotter was sentenced to death in February 1996. Joann Brandon, Brandon Teena's mother, sued Richardson County, Neb., for failing to protect Brandon Teena after he reported the rape. The case was appealed to the Nebraska Supreme Court. In April 2001, the court ruled that Laux's behavior was "extreme and outrageous, beyond all possible bounds of decency, and [should be] regarded as atrocious and utterly intolerable in a civilized community." The court ordered a lower court to award Joann Brandon $80,000 in damages and to reassess damages for emotional distress. (Joann Brandon v. County of Richardson Nebraska)
On June 20, 2000, Amanda Milan, a 27-year-old transgender woman in New York was walking home with friends when two men began to make lewd comments to her in front of the Port Authority terminal. A witness heard one of the men, Dwayne McCuller, tell Milan, "I know what that is between your legs; you're nothing but a man. I'm going to shoot you. … Get away from me, you faggot." The other man, Eugene Celestine, handed a knife to McCuller who, according to the district attorney's office, cut Milan's throat, killing her. Witness said a group of cabdrivers cheered and applauded as the crime was committed, and shouted transgender-phobic remarks. McCuller and Celestine were charged with murder and face the possibility of life in prison. At this writing, the case was ongoing. Police have declined to classify this as a hate crime.
The body of Fred Martinez Jr., a 16-year-old from Cortez, Colo., was found south of that town five days after he had left home to go to a carnival on June 16, 2001. Shaun Murphy, 18, who was ultimately charged with murder, had bragged to friends that he "beat up a fag," according to media reports. Martinez was openly gay and transgender, and often curled his hair, plucked his eyebrows and wore makeup. His mother, who supported her son's gender expression, told the media that she firmly believes her son's slaying was a hate crime based on his gender identity. Murphy, who was charged with second-degree murder July 4, 2001, pleaded guilty and was sentenced in June 2002 to 40 years in a maximum-security prison.
The Local Law Enforcement Enhancement Act, a measure pending in Congress, would add real or perceived gender, sexual orientation and disability to the current categories covered in federal hate crimes law.