via Bird of Paradox comes the depressing news that a Memphis resident named Kelvin Denton was recently shot for "misrepresenting gender." (FIVE trans women have been shot in Memphis since 2006.) Cara notes that it's not yet clear whether the victim is transgender or not. But the alleged assailant has apparently made clear that confusion about Denton's gender prompted him to pull the trigger -- the all-too-common "trans panic" defense. Writes Helen at Bird of Paradox,
Mr Taylor told police he carried out the attack because he felt he had been "misled" about Ms Denton's gender - surely a clear indication that that Mr Taylor will be trying to use the trans panic defense to avoid taking responsibility for his actions. However, the Tennessee Transgender Political Coalition have urged Shelby County authorities to "prosecute Taylor aggressively and not permit the use of the trans-panic defense".
Denton is in critical condition.
Right now, California is the only state that has a law that specifically addresses "panic" defenses -- the Gwen Araujo Justice for Victims Act.
Take action: If you live in Tennessee, please contact your state legislators and ask them to add gender identity/expression to "make it easier for state and local authorities to track and prosecute hate crimes against all LGBT Tennesseans."
This is also an appropriate moment for all of us to contact our senators about the importance of including gender identity and expression in the Employee Non-Discrimination Act (ENDA). It's looking like ENDA will be introduced in the next several weeks, so now is the time to express your support for gender-identity protections. (Some basic sample language is here.) Helen at en|Gender has more.
UPDATE: Thanks to mfemme in comments for pointing out that Memphis recently passed an anti-discrimination resolution, and noting:
I was *hoping* that passing this legislation a couple days ago would be a step forward for Memphis... passing the anti-discrimination act: which is a big win for LGBT people in Memphis who are forced to stay in the closet for fear of being fired.But obviously, when LGBT (particularly transgender and genderqueer) folks who are living in a city where they are fearful for THEIR LIVES, what good does it do to say at least we can't get fired for being LGBT? srsly wtf Memphis. the atmosphere there is really hostile towards LGBT people...legislation can only do so much. it's a step, but just not enough to change the mindset citywide.
More information:
Julia Serano: There's Something About "Deception"
States with trans-inclusive hate crimes laws
Banning the "Trans Panic Defense"
What Does "Justice For Angie" Mean?
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While I have more to say about violence against trans women, and how we are singled out culturally again and again as targets for mockery and hatred, right now I just hope Ms Denton pulls through. I am so weary of hearing about trans women dying.
I hear you:( This makes me think of Erica Keel: I was in Philly when it happened. So horrible...
http://youngphillypolitics.com/philadelphia_police_fail_investigate_suspicious_death_transgender_woman_meeting_friday_plan_protest
Anti-discrimination measure approved in Memphis on June 1st:
"Associated Press - June 1, 2009 6:55 PM ET
MEMPHIS, Tenn. (AP) - The Shelby County Commission has approved a wide-ranging anti-discrimination resolution.
The measure, approved 9-4 Monday, says Shelby County cannot discriminate against anyone for any reason.
It was a revised version of 1 that originally just protected gay, lesbian and transgender rights."
http://www.wmctv.com/global/story.asp?s=10459492
I was *hoping* that passing this legislation a couple days ago would be a step forward for Memphis... passing the anti-discrimination act: which is a big win for LGBT people in Memphis who are forced to stay in the closet for fear of being fired.
But obviously, when LGBT (particularly transgender and genderqueer) folks who are living in a city where they are fearful for THEIR LIVES, what good does it do to say at least we can't get fired for being LGBT? srsly wtf Memphis. the atmosphere there is really hostile towards LGBT people...legislation can only do so much. it's a step, but just not enough to change the mindset citywide.
and as for this "trans panic defense" = bullshit. Hopefully Memphis will step up and not subscribe to that bigoted excuse to take someone's life.
http://www.wmctv.com/global/category.asp?c=151146&clipId=&topVideoCatNo=15040&topVideoCatNoB=124083&topVideoCatNoC=105461&topVideoCatNoD=124506&topVideoCatNoE=124957&autoStart=true&topVideoCatNo=default&clipId=3820035
Link to the video of the hearing (?) for the anti-discrimination act (if anyone wants to hear the Memphis citizens who spoke up for this)
I hope Ms. Denton makes it -- and that there is some kind of outcry against this from Memphis citizens....
I hope they survive... I'm going to need to go read up on trans panic defense now.
The "*-panic" defenses are rather simple in form.
assailant: "Oh, hello there. I can't help but notice that you're different in some way from myself. I'm compelled to kill you now."
victim: "Oh, fair enough."
No, really, that's not even a mockery of these defense attorneys. It's the notion that somehow encountering something different is so traumatizing that you can not be responsible for your actions. It's used in states that allow a "temporary insanity" defense.
(sorry for the double post-plus i realized that the assault happened May 27th, and the anti-discrimination act passed yesterday..and i AM glad it passed..but it's definitely not enough)
It's the politicians, preachers, and bureaucrats who misrepresent gender. Not us.
Interesting case, I met a trans woman at grass roots lobby days and had no idea till she gave a speach on it later. I certianly didn't feel compelled to shoot her. wtf?