Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act

Last updated
Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act
Great Seal of the United States (obverse).svg
Other short titlesLocal Law Enforcement Hate Crimes Prevention Act of 2009
Long titleTo provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.
Enacted bythe 111th United States Congress
Announced inthe 111th United States Congress
Number of co-sponsors120
Codification
Titles amended 18 U.S.C.: Crimes and Criminal Procedure
U.S.C. sections created 18 U.S.C. ch. 13 § 249 et seq.
Legislative history
  • Introduced in the House of Representatives as H.R. 1913 by John Conyers (D–MI) on April 2, 2009
  • Committee consideration by House Judiciary
  • Passed the House of Representatives on October 8, 2009 (281–146)
  • Passed the Senate on July 23, 2009 (63–28)
  • Signed into law by President Barack Obama on October 28, 2009
President Barack Obama greets Louvon Harris (left), Betty Byrd Boatner (right) both sisters of James Byrd Jr. and Judy Shepard at a reception commemorating the enactment of the legislation Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.jpg
President Barack Obama greets Louvon Harris (left), Betty Byrd Boatner (right) both sisters of James Byrd Jr. and Judy Shepard at a reception commemorating the enactment of the legislation

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act is a landmark United States federal law, passed on October 22, 2009, [1] and signed into law by President Barack Obama on October 28, 2009, [2] as a rider to the National Defense Authorization Act for 2010 (H.R. 2647). Conceived as a response to the murders of Matthew Shepard and James Byrd Jr., both in 1998, the measure expands the 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability. [3]

Contents

The bill also:

Origin

The Act is named after Matthew Shepard and James Byrd Jr. [6] Shepard was a student who was tortured and murdered in 1998 near Laramie, Wyoming. The attack was widely reported due to him being gay, and the trial employed a gay panic defense. [6] [7] Byrd was an African American man who was tied to a truck by two white supremacists and a third man who had no racist background, dragged behind it, and decapitated in Jasper, Texas, in 1998. [6] Shepard's murderers were given life sentences—in large part because his parents sought mercy for his killers. Two of Byrd's murderers were sentenced to death and executed in 2011 and 2019, respectively, while the third was sentenced to life in prison. All the convictions were obtained without the assistance of hate crimes laws, since none were applicable at the time.

The murders and subsequent trials brought national and international attention to the desire to amend U.S. hate crime legislation at both the state and federal levels. [8] Wyoming hate crime laws at the time did not recognize homosexuals as a suspect class, [9] whereas Texas had no hate crime laws at all. [10]

Supporters of an expansion of hate crime laws argued that hate crimes are worse than regular crimes without a prejudiced motivation from a psychological perspective. The time it takes to mentally recover from a hate crime is almost twice as long as it is for a regular crime, and LGBTQ people often feel as if they are being punished for their sexuality, which leads to higher incidence of depression, anxiety, and post-traumatic stress disorder. [11] They also cited the response to Shepard's murder by many LGBT people, especially youth, who reported going back into the closet, fearing for their safety, experiencing a strong sense of self-loathing, and upset that the same thing could happen to them because of their sexual orientation. [11]

Background

The 1968 federal hate-crime law ( 18 U.S.C.   § 245(b)(2) ) extends to crimes motivated by actual or perceived race, color, religion, or national origin, and only while the victim is engaging in a federally protected activity, like voting or going to school. [12] Penalties, under both the existing law and the LLEHCPA (Local Law Enforcement Hate Crimes Prevention Act, originally called the "Local Law Enforcement Enhancement Act"), for hate crimes involving firearms are prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can bring life in prison. In 1990, Congress passed the Hate Crimes Statistics Act which allowed the government to count the incidence of hate crimes based on religion, race, national origin, and sexual orientation. However, a sentence was added onto the end of bill stating that federal funds should not be used to "promote or encourage homosexuality". [13]

According to FBI statistics, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% sexual orientation bias, 14% ethnicity bias, and 1% disability bias. [11] [14]

Although not necessarily on the same scale as Matthew Shepard's murder, violent incidences against gays and lesbians occur frequently. Gay and lesbian people are often verbally abused, assaulted both physically and sexually, and threatened not just by peers and strangers, but also by family members. [15] One study of 192 gay men aged 14–21 found that approximately 1/3 reported being verbally assaulted by at least one family member when they came out and another 10% reported being physically assaulted. [16] Gay and lesbian youth are particularly prone to victimization. A nationwide study of over 9,000 gay high school students revealed that 24% of gay men and 11% of gay women reported being victimized at least ten times a year due to their sexual orientation. [16] Victims often experience severe depression, a sense of helplessness, low self-esteem, and frequent suicidal thoughts. [17] Gay youth are two to four times more likely to be threatened with a deadly weapon at school and miss more days of school than their heterosexual peers. Further, they are two to seven times more likely to attempt suicide. Some feel these issues, the societal stigma around homosexuality and fear of bias-motivated attack, lead to gay men and women, especially teenagers, becoming more likely to abuse drugs such as marijuana and cocaine and alcohol, have unprotected sex with multiple sexual partners, find themselves in unwanted sexual situations, have body image and eating disorders, and be at higher risk for STDs and HIV/AIDS. [16]

The Act was supported by thirty-one state Attorneys General and over 210 national law enforcement, professional, education, civil rights, religious, and civic organizations, including the AFL–CIO, the American Medical Association, the American Psychological Association, and the NAACP. [18] A November 2001 poll indicated that 73% of Americans were in favor of hate-crime legislation covering sexual orientation. [19]

The LLEHCPA was introduced in substantially similar form in each Congress since the 105th Congress in 1999. The 2007 bill expanded on the earlier versions by including transgender provisions and making it explicit that the law should not be interpreted to restrict people's freedom of speech or association. [20]

Opposition

James Dobson, founder of the socially conservative Focus on the Family, opposed the Act, arguing that it would effectively "muzzle people of faith who dare to express their moral and biblical concerns about homosexuality". [12] However, H.R. 1592 contains a "Rule of Construction" which specifically provides that "Nothing in this Act...shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution". [21]

Senator Jeff Sessions, among other senators, was concerned that the bill would not protect all individuals equally. [22] Senator Jim DeMint of South Carolina spoke against the bill, saying that it was unnecessary, that it violated the 14th Amendment, and that it would be a step closer to the prosecution of "thought crimes". [23] [24] Four members of the U.S. Commission on Civil Rights wrote a letter stating their opposition to the bill, citing concerns of double jeopardy. [25]

Legislative progress

106th Congress The bill (S. 622) was introduced by Senator Edward Kennedy. It was referred to the Judiciary Committee.

107th to 109th congress

The bill was first introduced into the 107 Congress's House of Representatives on April 3, 2001, by Rep. John Conyers and was referred to the Subcommittee on Crime. The bill died when it failed to advance in the committee.

It was reintroduced by Rep. Conyers in the 108th and 109th congresses (on April 22, 2004, and May 26, 2005, respectively). As previously, it died both times when it failed to advance in committee.

Similar legislation was introduced by Sen. Gordon H. Smith (R–OR) as an amendment to the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (S. 2400) on June 14, 2004. Although the amendment passed the U.S. Senate by a vote of 65–33, [26] it was later removed by conference committee.

110th Congress

The bill was introduced for the fourth time into the House on March 30, 2007, by Conyers. The 2007 version of the bill added gender identity to the list of suspect classes for prosecution of hate crimes. The bill was again referred to the Subcommittee on Crime, Terrorism and Homeland Security.

House vote on Local Law Enforcement Hate Crimes Prevention Act of 2007 .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Democratic yes Republican yes Abstention or no representative seated Democratic no Republican no H.R. 1592 - Local Law Enforcement Hate Crimes Prevention Act of 2007 - House of Representatives vote.svg
House vote on Local Law Enforcement Hate Crimes Prevention Act of 2007
  Democratic yes
  Republican yes
  Abstention or no representative seated
  Democratic no
  Republican no

The bill passed the subcommittee by voice vote and the full House Judiciary Committee by a vote of 20–14. The bill then proceeded to the full House, where it was passed on May 3, 2007, with a vote of 237–180 with Representative Barney Frank, one of two openly gay members of the House at the time, presiding. [27]

The bill then proceeded to the U.S. Senate, where it was introduced by Senator Ted Kennedy and Senator Gordon Smith on April 12, 2007. It was referred to the Senate Judiciary Committee. The bill died when it failed to advance in the Senate committee.

On July 11, 2007, Kennedy attempted to introduce the bill again as an amendment to the Senate Defense Re-authorization bill (H.R. 1585). The Senate hate crime amendment had 44 cosponsors, including four Republicans. After Republicans staged a filibuster on a troop-withdrawal amendment to the defense bill, Senate Majority Leader Harry Reid delayed the votes on the hate crime amendment and the defense bill until September. [28]

The bill passed the Senate on September 27, 2007, as an amendment to the Defense Re-authorization bill. The cloture vote was 60–39 in favor. The amendment was then approved by voice vote. [29] President Bush indicated he might veto the DoD authorization bill if it reached his desk with the hate crimes legislation attached. [30] [31] Ultimately, the amendment was dropped by the Democratic leadership because of opposition from antiwar Democrats, conservative groups, and Bush. [32]

In late 2008, then-President-elect Barack Obama's website stated that one of the goals of his new administration would be to see the bill passed. [33]

111th Congress

House

House vote by congressional district Democratic yes Republican yes Abstention or no representative seated Democratic no Republican no 111th Congress House roll call 223.svg
House vote by congressional district
  Democratic yes
  Republican yes
  Abstention or no representative seated
  Democratic no
  Republican no

Conyers introduced the bill for the fifth time into the House on April 2, 2009. In his introductory speech, he claimed that many law enforcement groups, such as the International Association of Chiefs of Police, the National Sheriffs Association and 31 state Attorneys General supported the bill [34] and that the impact hate violence has on communities justified federal involvement. [35]

The bill was immediately referred to the full Judiciary Committee, where it passed by a vote of 15–12 on April 23, 2009. [36]

On April 28, 2009, Rep. Mike Honda (D-CA) claimed that if the bill were passed it may help prevent the murders of transgender Americans, such as the murder of Angie Zapata. [37] Conversely, Rep. Steve King (R-IA) claimed that the bill was an expansion of a category of "thought crimes" and compared the bill to the book Nineteen Eighty-Four . [38] That same day, the House Rules Committee allowed one hour and 20 minutes for debate. [39]

The bill then moved to the full House, for debate. During the debate, Rep. Jan Schakowsky (D-IL) claimed that the bill would help prevent murders such as those of spree killer Benjamin Nathaniel Smith and would take "an important step" towards a more just society. [40] After the vote, Rep. Trent Franks (R-AZ) claimed that equal protection regardless of status is a fundamental premise of the nation and thus the bill is unnecessary, and that, rather, it would prevent religious organizations from expressing their beliefs openly (although the bill only refers to violent actions, not speech.) [41]

The bill passed the House on April 29, 2009, by a vote of 249–175, with support from 231 Democrats and 18 Republicans, including Republican Main Street Partnership members Judy Biggert (IL), Mary Bono Mack (CA), Joseph Cao (LA), Mike Castle (DE), Charlie Dent (PA), Lincoln Díaz-Balart (FL), Mario Díaz-Balart (FL), Rodney Frelinghuysen (NJ), Jim Gerlach (PA), Mark Kirk (IL), Leonard Lance (NJ), Frank LoBiondo (NJ), Todd Russell Platts (PA), Dave Reichert (WA), and Greg Walden (OR) along with Bill Cassidy (LA), Mike Coffman (CO), and Ileana Ros-Lehtinen (FL). [42]

On April 30, 2009, Rep. Todd Tiahrt (R-KS) compared the bill to the novel Animal Farm and claimed it would harm free speech. [43] Rep. George Miller (D-CA) and Rep. Dutch Ruppersberger (D-MD) both announced that they were unable to be present for the vote, but had they been present they would each have voted in favor. [44] [45] Conversely, Rep. Michael Burgess (R-TX) claimed federal law was already sufficient to prevent hate crimes and said that had he been present he would have voted against the bill. [46]

On October 8, 2009, the House passed the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act as part of the conference report on Defense Authorization for fiscal year 2010. [47] The vote was 281–146, with support from 237 Democrats and 44 Republicans. [42]

Senate

The Senate adopted amendment 1511 63-28 with 5 Republicans Both yes One yes, one did not vote One yes, one no One no, one did not vote Both no Both did not vote Matthew Shepard Senate.svg
The Senate adopted amendment 1511 63–28 with 5 Republicans
  Both yes
  One yes, one did not vote
  One yes, one no
  One no, one did not vote
  Both no
  Both did not vote

The bill again proceeded to the Senate, where it was again introduced by Kennedy on April 28, 2009. [48] The Senate version of the bill had 45 cosponsors as of July 8, 2009. [49]

On June 25, 2009, the Senate Judiciary Committee held a hearing on the bill. Attorney General Eric Holder testified in support of the bill, the first time a sitting Attorney General has ever testified in favor of the bill. [50] During his testimony, Holder mentioned his previous testimony on a nearly identical bill to the senate in July 1998 (the Hate Crimes Prevention Act of 1998, S. 1529), just months before Matthew Shepard was murdered. [51] According to CNN, Holder testified that, "more than 77,000 hate crime incidents were reported by the FBI between 1998 and 2007, or 'nearly one hate crime for every hour of every day over the span of a decade.'" Holder emphasized that one of his "highest personal priorities ... is to do everything I can to ensure this critical legislation finally becomes law". [52]

Reverend Mark Achtemeier of the University of Dubuque Theological Seminary; Janet Langhart, whose play was premiering at the United States Holocaust Museum at the time of the shooting earlier in the month; and Michael Lieberman of the Anti-Defamation League also testified in favor of the bill. Gail Heriot of the United States Commission on Civil Rights and Brian Walsh of The Heritage Foundation testified in opposition to the bill.

The Matthew Shepard Act was adopted as an amendment to S. 1390 (the National Defense Authorization Act for Fiscal Year 2010) by a 63–28 cloture vote on July 15, 2009. [53] At the request of Senator Jeff Sessions (an opponent of the Matthew Shepard Act), an amendment was added to the Senate version of the hate crimes legislation that would have allowed prosecutors to seek the death penalty for hate crime murders, [54] though the amendment was later removed in conference with the House. [55] On July 20, 2009, Sessions introduced Amendment 1616, "the soldiers amendment," to extend hate crimes protections to personnel of the armed forces and their immediate family members, saying "This amendment would create a new Federal crime which puts members of the U.S. military on equal footing with other protected classes." [56] Sen. Carl Levin affirmed the intent of the amendment before a roll call vote was called. The Soldiers Amendment passed unanimously in the Senate and eventually became 18 USC §1389 after the Matthew Shepherd Act was made law.

The bill won the support of five Republicans: Susan Collins (ME), Dick Lugar (IN), Lisa Murkowski (AK), Olympia Snowe (ME), and George Voinovich (OH).

Passage

House vote on 2009-2010 Defense Appropriations Democratic yes Republican yes Abstention or no representative seated Democratic no Republican no HR 2647 - 2009-2010 Defense Appropriations House of Representatives vote.svg
House vote on 2009–2010 Defense Appropriations
  Democratic yes
  Republican yes
  Abstention or no representative seated
  Democratic no
  Republican no
Senate vote on 2009-2010 Defense Appropriations Both yes One yes, one didn't vote One yes, one no One no, one didn't vote Both no HR 2647 - 2009-2010 Defense Appropriations Senate vote.svg
Senate vote on 2009–2010 Defense Appropriations
  Both yes
  One yes, one didn't vote
  One yes, one no
  One no, one didn't vote
  Both no

The bill passed the Senate when the Defense bill passed on July 23, 2009. [57] As originally passed, the House version of the defense bill did not include the hate crimes legislation, requiring the difference to be worked out in a conference committee. On October 7, 2009, the conference committee published the final version of the bill, which included the hate crimes amendment; [58] the conference report was then passed by the House on October 8, 2009. [59] On October 22, 2009, following a 64–35 cloture vote, [60] [61] the conference report was passed by the Senate by a vote of 68–29. [62] The bill was signed into law on the afternoon of October 28, 2009, by President Barack Obama. [2]

Legislative history

CongressShort titleBill numberDate introducedSponsor# of cosponsorsLatest status
107th Congress Local Law Enforcement Hate Crimes Prevention Act of 2001 H.R. 1343 April 3, 2001Rep. John Conyers (D-MI)208Died in the House Subcommittee on Crime
S. 625 March 27, 2001Sen. Ted Kennedy (D-MA)50Failed cloture motion 54–43
108th Congress Local Law Enforcement Hate Crimes Prevention Act of 2004 H.R. 4204 April 22, 2004Rep. John Conyers (D-MI)178Died in the House Subcommittee on Crime, Terrorism, and Homeland Security
S.Amdt. 3183 to S. 2400 June 14, 2004Sen. Gordon H. Smith (R-OR)4Passed in the Senate (65–33) as an amendment to the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 S. 2400
Removed from conference report
109th Congress Local Law Enforcement Hate Crimes Prevention Act of 2005 H.R. 2662 May 26, 2005Rep. John Conyers (D-MI)159Died in the House Subcommittee on Crime, Terrorism, and Homeland Security
S. 1145 May 26, 2005Sen. Ted Kennedy (D-MA)45Died in the Senate Judiciary Committee
110th Congress Local Law Enforcement Hate Crimes Prevention Act of 2007 H.R. 1592 March 30, 2007Rep. John Conyers (D-MI)171Passed the House (237–180)
S. 1105 April 12, 2007Sen. Ted Kennedy (D-MA)44Died in the Senate Judiciary Committee
111th Congress Local Law Enforcement Hate Crimes Prevention Act of 2009 H.R. 1913 April 2, 2009Rep. John Conyers (D-MI)120Passed the House (249–175) as an amendment to the National Defense Authorization Act for Fiscal Year 2010 H.R. 2647.
S. 909 April 28, 2009Sen. Ted Kennedy (D-MA)45Died in the Senate Judiciary Committee (after the Leahy version passed)
S.Amdt. 1511 to S. 1390 July 15, 2009Sen. Patrick Leahy (D-VT)37Passed in the Senate (63–28) as an amendment to the National Defense Authorization Act for Fiscal Year 2010. [57] Signed into law October 28, 2009 by President Barack Obama.

Enforcement

In May 2011, a man in Arkansas pleaded guilty under the Act to running a car containing five Hispanic men off the road. As a result, he became the first person convicted under the Act. A second man involved in the same incident was later convicted under the Act; his appeal of that conviction was denied on August 6, 2012. [63] [64] [65]

In August 2011, one man in New Mexico pleaded guilty to branding a swastika into the arm of a developmentally disabled man of Navajo descent. A second man entered a guilty plea to conspiracy to commit a federal hate crime. The two men were accused of branding the victim, shaving a swastika into his head, and writing the words "white power" and the acronym "KKK" on his body. A third man in June 2011, entered a guilty plea to conspiracy to commit a federal hate crime. All three men were charged under the Act in December 2010. [66]

On March 15, 2012, the Kentucky State Police assisted the FBI in arresting David Jenkins, Anthony Jenkins, Mable Jenkins, and Alexis Jenkins of Partridge, Kentucky, for the beating of Kevin Pennington during a late-night attack in April 2011 at Kingdom Come State Park, [67] [68] near Cumberland. The push came from the gay-rights group Kentucky Equality Federation, whose president, Jordan Palmer, began lobbying the U.S. Attorney for the Eastern District of Kentucky in August 2011 [69] to prosecute after stating he had no confidence in the Harlan County Commonwealth's Attorney to act. [70] "I think the case's notoriety may have derived in large part from the Kentucky Equality Federation efforts," said Kerry Harvey, the U.S. Attorney for the Eastern District of Kentucky. [71] Mable Jenkins and Alexis Jenkins pleaded guilty. [71]

In 2016, for the first time the Justice Department used the Act to bring criminal charges against a person for selecting a victim because of their gender identity. [72] [73] In that case Joshua Brandon Vallum plead guilty to murdering Mercedes Williamson in 2015 because she was transgender, in violation of the Act. [72] [73] In 2017, he was "sentenced to 49 years in prison and fined $20,000 for killing his ex-girlfriend because she was transgender." [74] The Justice Department reported that "[t]his is the first case prosecuted under the Hate Crimes Prevention Act involving a victim targeted because of gender identity." [75]

Court challenges

The constitutionality of the law was challenged in a 2010 lawsuit filed by the Thomas More Law Center; the lawsuit was dismissed. [76]

William Hatch, who pleaded guilty to a hate crime in the New Mexico case, also contested the law on Constitutional grounds. The Tenth Circuit Court of Appeals heard the case (U.S. v. Hatch) and upheld the conviction on June 3, 2013. [77]

See also

Related Research Articles

<span class="mw-page-title-main">Matthew Shepard</span> Gay American murder victim (1976–1998)

Matthew Wayne Shepard was an American student at the University of Wyoming who was beaten, tortured, and left to die near Laramie on the night of October 6, 1998. He was taken by rescuers to Poudre Valley Hospital in Fort Collins, Colorado, where he died six days later from severe head injuries received during the attack.

<span class="mw-page-title-main">Hate Crime Statistics Act</span>

The Hate Crime Statistics Act, 28 U.S.C. § 534 (HCSA), passed in 1990 and modified in 2009 by the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, requires the Attorney General to collect data on crimes committed because of the victim's race, religion, disability, sexual orientation, or ethnicity. The bill was signed into law by George H. W. Bush, and was the first federal statute to "recognize and name gay, lesbian and bisexual people." Since 1992, the Department of Justice through one of its agencies, the FBI, has jointly published an annual report on hate crime statistics.

<span class="mw-page-title-main">Virginia Foxx</span> American politician (born 1943)

Virginia Ann Foxx is an American educator, businesswoman, and politician serving as the U.S. representative from North Carolina's 5th congressional district since 2005. A member of the Republican Party, Foxx served as Secretary of the House Republican Conference from 2013 to 2017. She was the ranking member of the House Committee on Education and Labor from 2019 to 2023, and served as the committee's chair from 2017 to 2019 and since 2023. Foxx's district encompasses much of the northwestern portion of the state, including most of the city of Winston-Salem. She is the dean of North Carolina's congressional delegation.

<span class="mw-page-title-main">LGBTQ rights in the United States</span>

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United States are among the most advanced in the world, with public opinion and jurisprudence changing significantly since the late 1980s.

Kentucky Equality Federation is an umbrella organization for gay, lesbian, bisexual, and transgender civil rights in the Commonwealth of Kentucky, consisting of Federation for Kentucky Equality, Inc., Kentucky Equality Coalition, Inc., and Kentucky Equality PAC. Kentucky Equality Federation is a member of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA).

Hate crime laws in the United States are state and federal laws intended to protect against hate crimes. While state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a person's characteristics of race, religion, ethnicity, disability, nationality, gender, sexual orientation, and/or gender identity. The U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), and campus police departments are required to collect and publish hate crime statistics.

The Matthew Shepard Foundation is an LGBTQ nonprofit organization, headquartered in Casper, Wyoming, which was founded in December 1998 by Dennis and Judy Shepard in memory of their son, Matthew, who was murdered in 1998. The Foundation runs education, outreach, and advocacy programs.

<span class="mw-page-title-main">LGBTQ rights in Wyoming</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. In addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.

<span class="mw-page-title-main">LGBTQ rights in Alabama</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals in the U.S. state of Alabama have federal protections, but still face legal challenges and discrimination on the state level that is not experienced by non-LGBT residents. LGBTQ rights in Alabama—a Republican Party stronghold located in both the Deep South and greater Bible Belt—are severely limited in comparison to other states. As one of the most socially conservative states in the U.S., Alabama is one of the only two states along with neighboring Mississippi where opposition to same-sex marriage outnumbers support.

<span class="mw-page-title-main">Judy Shepard</span> American LGBT rights activist (born 1952)

Judy Shepard is the mother of Matthew Shepard, a 21-year-old student at University of Wyoming who was murdered in October 1998 in what became one of the most high-profile cases highlighting hate-crimes against LGBTQ people. She and her husband, Dennis Shepard, are co-founders of the Matthew Shepard Foundation, and advocate for LGBT rights.

<span class="mw-page-title-main">LGBTQ people in the United States</span>

In the United States, lesbian, gay, bisexual, transgender and queer (LGBTQ) people have a long history, including vibrant subcultures and advocacy battles for social and religious acceptance and legal rights.

<span class="mw-page-title-main">LGBTQ rights in Colorado</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Colorado enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th US state to abolish the gay panic defense.

<span class="mw-page-title-main">LGBTQ rights in Arkansas</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arkansas face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.

<span class="mw-page-title-main">LGBTQ rights in Indiana</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.

<span class="mw-page-title-main">LGBTQ rights in Kentucky</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity in Kentucky has been legally permitted since 1992, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.

<span class="mw-page-title-main">LGBTQ rights in Montana</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Montana may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Montana since 1997. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples, as same-sex marriage has been recognized since November 2014. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities also provide protections in housing and public accommodations.

<span class="mw-page-title-main">LGBTQ rights in Alaska</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Alaska have evolved significantly over the years. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBTQ people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.

<span class="mw-page-title-main">LGBT rights in Guam</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Guam have improved significantly in recent years. Same-sex sexual activity has not been criminalized since 1978, and same-sex marriage has been allowed since June 2015. The U.S. territory now has discrimination protections in employment for both sexual orientation and gender identity. Additionally, federal law has provided for hate crime coverage since 2009. Gender changes are legal in Guam, provided the applicant has undergone sex reassignment surgery.

<span class="mw-page-title-main">Dennis Shepard</span> American LGBT rights activist

Dennis Shepard is the father of Matthew Shepard, a 21-year-old student at University of Wyoming who was murdered in October 1998 in what became one of the most high-profiled cases highlighting hate crimes against LGBTQ people. He and his wife, Judy Shepard, are co-founders of the Matthew Shepard Foundation, and advocate for LGBT rights. He has been an advocate for parental support of LGBT children both during Matthew's life and, very publicly, since Matthew's death. He and Judy continue to live and work in Casper.

<span class="mw-page-title-main">Timeline of LGBT history in the United States</span>

This is a timeline of notable events in the history of the lesbian, gay, bisexual, and transgender community in the United States.

References

  1. ↑ "Matthew Shepard Hate Crimes Act passes Congress, finally". Mercurynews.com. Retrieved December 30, 2012.
  2. 1 2 "Obama Signs Hate Crimes Bill". The New York Times . 28 October 2009. Retrieved September 29, 2013.
  3. ↑ "President Obama Signs Hate Crime Prevention Act". Fox News. October 28, 2009. Archived from the original on 2013-10-06. Retrieved September 29, 2013.
  4. ↑ "Human Rights Campaign". hrc.org. Archived from the original on November 19, 2008. Retrieved September 29, 2013.
  5. ↑ "Hate Crimes Protections 2007". National Gay and Lesbian Task Force. Archived from the original on September 27, 2007. Retrieved December 9, 2009.
  6. 1 2 3 Boven, Joseph (October 9, 2009). "Matthew Shepard Hate Crimes Act passes despite GOP opposition". The Colorado Independent . Retrieved October 10, 2009. one of whom now admits to targeting Shepard for being gay
  7. ↑ "New Details Emerge in Matthew Shepard Murder – ABC News". Abcnews.go.com. November 26, 2004. Retrieved December 30, 2012.
  8. ↑ "Repräsentantenhaus will härtere Strafen bei "Hass-Verbrechen"". Tages-Anzeiger. September 10, 2009. Retrieved October 10, 2009.
  9. ↑ "State Hate Crimes / Statutory Provisions". Anti-Defamation League. October 10, 2009. Archived from the original on June 29, 2011.
  10. ↑ Elizondo, Stephanie (June 8, 1999). "Black leaders honor Byrd Jr" (PDF). Laredo Morning Times. Associated Press. p. 4A. Archived from the original (PDF) on December 29, 2009. Retrieved October 10, 2009.
  11. 1 2 3 Noelle, Monique (2002). "The Ripple Effect of the Matthew Shepard Murder". American Behavioral Scientist. 46: 27–50. doi:10.1177/0002764202046001004.
  12. 1 2 Stout, D. House Votes to Expand Hate Crime Protection, New York Times, May 3, 2007. Retrieved May 3, 2007.
  13. ↑ "Gay Adolescents and Suicide: Understanding the Association". American Behavioral Scientist. 2002.
  14. ↑ Abrams, J., "House Passes Extended Hate Crimes Bill", The Guardian , May 3, 2007. Retrieved on May 3, 2007.
  15. ↑ "Sexual Orientation and Adolescents". Pediatrics . 2004.
  16. 1 2 3 "Gay Adolescents and Suicide: Understanding the Association". Adolescence. 2005.
  17. ↑ Herek, Gregory M.; Garnets, Linda D. (2007). "Sexual Orientation and Mental Health". Annual Review of Clinical Psychology . 3: 353–375. doi:10.1146/annurev.clinpsy.3.022806.091510. PMID   17716060. Archived from the original on July 1, 2012.
  18. ↑ Supporters for this legislation Archived 2007-05-16 at the Wayback Machine , Human Rights Campaign. Retrieved March 5, 2007.
  19. ↑ The Local Law Enforcement Hate Crimes Prevention Act / Matthew Shepard Act Archived 2008-11-19 at the Wayback Machine , Human Rights Campaign. Retrieved September 27, 2007.
  20. ↑ Questions and Answers: The Local Law Enforcement Hate Crimes Prevention Act Archived 2007-09-28 at the Wayback Machine , Human Rights Campaign. Retrieved on May 4, 2007.
  21. ↑ Text of H.R. 1592 "Referred to Senate Committee after being Received from House" as accessed on October 2, 2007; the text of S. 1105 accessed on the same date does not include this section.
  22. ↑ "USDOJ.gov". USDOJ.gov. Retrieved December 30, 2012.
  23. ↑ Nasaw, Daniel (October 23, 2009). "Judges barred from demanding doctor's notes in transgender name change cases". The Guardian. Retrieved December 10, 2009.
  24. ↑ "DeMint Speech Against Hate Crimes Legislation Attached to Defense Authorization". Speeches – News Room – United States Senator Jim DeMint. Archived from the original on December 14, 2012. Retrieved October 8, 2012.
  25. ↑ "open letter" (PDF). Archived from the original (PDF) on July 14, 2011. Retrieved December 30, 2012.
  26. ↑ Roll call vote 114 , via Senate.gov
  27. ↑ Simon, R. Bush threatens to veto expansion of hate-crime law, Los Angeles Times, May 3, 2007. Retrieved on May 3, 2007.
  28. ↑ Chibbaro, Lou (July 26, 2007). "Hate crimes bill in limbo". Washington Blade. Archived from the original on September 28, 2007.
  29. ↑ One-Time Gifts. "Senate Passage of Hate Crimes Bill Moves Bill Closer Than Ever To Becoming Law". HRC. Archived from the original on April 2, 2012. Retrieved December 30, 2012.
  30. ↑ Statement of Administration Policy Archived 2017-01-30 at the Wayback Machine , Executive Office of the President, Office of Management and Budget. Retrieved May 9, 2007.
  31. ↑ "US Senate passes gay hate crimes law Archived 2009-06-22 at the Wayback Machine ", PinkNews.co.uk.
  32. ↑ Wooten, Amy (January 1, 2008). "Congress Drops Hate-Crimes Bill". Windy City Times . Archived from the original on June 8, 2010. Retrieved July 31, 2008.
  33. ↑ "Plan to Strengthen Civil Rights". The Office of the President-Elect. Archived from the original on February 17, 2009. Retrieved February 18, 2009.
  34. ↑ "Introduction of the Local Law Enforcement Hate Crimes Prevention Act of 2009". April 2, 2009. Retrieved June 18, 2009.
  35. ↑ "Introduction of the Local Law Enforcement Hate Crimes Prevention Act of 2009". April 2, 2009. Retrieved June 18, 2009.
  36. ↑ "H. Rept. 111-86 - Local Law Enforcement Hate Crimes Prevention Act of 2009". Congressional Record. Retrieved September 23, 2013.
  37. ↑ "Expressing Support for "Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA)/Matthew Shepard Act"". April 28, 2009. Retrieved June 21, 2009.
  38. ↑ "Nineteen Eighty-Four". IowaPolitics.com. April 28, 2009. Archived from the original on May 20, 2009. Retrieved June 18, 2009.{{cite news}}: CS1 maint: unfit URL (link)
  39. ↑ "H.R. 1913 – Local Law Enforcement Hate Crimes Prevention Act of 2009". United States House of Representatives Committee on Rules. April 28, 2009. Archived from the original on June 25, 2009. Retrieved June 18, 2009.
  40. ↑ "Local Law Enforcement Hate Crimes Prevention Act of 2009". April 30, 2009. Retrieved June 21, 2009.
  41. ↑ "The Passage of the Local Law Enforcement Hate Crimes Prevention Act". April 29, 2009. Retrieved June 21, 2009.
  42. 1 2 Roll call vote 223 , via Clerk.House.gov
  43. ↑ "All People Are Equal". April 30, 2009. Retrieved June 21, 2009.
  44. ↑ "Personal Explanation". April 30, 2009. Retrieved June 21, 2009.
  45. ↑ "Personal Explanation". April 30, 2009. Retrieved June 21, 2009.
  46. ↑ "Personal Explanation". April 30, 2009. Retrieved June 21, 2009.
  47. ↑ "Final Vote Results for Role Call 223". Speaker of the United States House of Representatives. October 10, 2009. Archived from the original on October 13, 2009. Retrieved October 10, 2009.
  48. ↑ "Matthew Shepard Hate Crimes Prevention Act Introduced in Senate". Feminist.org. April 29, 2009. Retrieved December 30, 2012.
  49. ↑ "Bill Summary & Status – 111th Congress (2009–2010) – S.909 – Cosponsors". thomas.loc.gov. Archived from the original on October 18, 2015. Retrieved September 29, 2013.
  50. ↑ "Senate Hate Crimes Hearing at 10am "HRC Back Story". June 25, 2009. Archived from the original on July 2, 2009. Retrieved June 28, 2009.
  51. ↑ Garcian, Michelle (January 1, 2008). "AG to Senate: Pass Hate Crime Bill". The Advocate . Retrieved June 28, 2008.
  52. ↑ "Holder pushes hate crimes law; GOP unpersuaded". June 25, 2009. Archived from the original on June 29, 2009. Retrieved June 28, 2009.
  53. ↑ Eleveld, Kerry (July 17, 2009). "Hate Crimes Passes, Faces Veto". The Advocate. Archived from the original on 2010-08-05. Retrieved July 17, 2009.
  54. ↑ Rushing, J. Taylor (July 20, 2009). "Hate Crimes Amendments Pass Easily". The Hill . Archived from the original on July 25, 2009. Retrieved July 21, 2009.
  55. ↑ "Hate Crimes Act Makes Conference Report, Death Penalty Gone". lawdork.net. October 8, 2009. Archived from the original on October 15, 2009.
  56. ↑ Sessions, Jeffrey S. (AL). "Congressional Record 155 (2009) p. S7686" (PDF). www.congress.gov. Retrieved 2019-06-11.
  57. 1 2 "Senate.gov". Senate.gov. Retrieved December 30, 2012.
  58. ↑ "HRC Backstory: Conference Report Published – Hate Crimes Bill Included". Archived from the original on 2009-10-08. Retrieved 2009-10-07.
  59. ↑ "AFP: US lawmakers pass 680-billion-dollar defense budget bill". Archived from the original on October 14, 2009.
  60. ↑ "HRC Backstory: Senate Achieves Cloture on DoD Conference Report Including Hate Crimes Provision". Archived from the original on 2009-10-29. Retrieved 2009-10-22.
  61. ↑ "Roll call vote". Senate.gov. Retrieved December 30, 2012.
  62. ↑ Roxana Tiron, "Senate OKs defense bill, 68–29", The Hill , found at The Hill website . Accessed October 22, 2009.
  63. ↑ Fry, Lindsey (May 23, 2011). "Man Accused of Violating the Hate Crime Prevention Act". KATV . Retrieved June 29, 2011.
  64. ↑ "Appeals court upholds hate crime law in Ark. case". KATV . August 6, 2012. Retrieved August 6, 2012.
  65. ↑ "U.S. v. Maybee (opinion)" (PDF). United States Court of Appeals for the Eighth Circuit. August 6, 2012.[ permanent dead link ]
  66. ↑ "2 Men Plead Guilty In Swastika Branding Case". The Huffington Post. August 18, 2011.
  67. ↑ "2 Kentucky men face first-of-their-kind federal hate-crime charges". Lexington Herald-Leader. March 15, 2012.
  68. ↑ "Two Harlan County, Kentucky, Men Indicted for Federal Hate Crime Against Individual Because of Sexual Orientation; The Indictment Marks the First Case Charged Under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act Involving Sexual Orientation". United States Department of Justice. April 12, 2012.
  69. ↑ "Kentucky Equality Federation communicates with the U.S. Department of Justice about Harlan County Hate Crime". Kentucky Equality Federation Official Press Releases – Copy of request to prosecute included. August 24, 2011.
  70. ↑ "Kentucky advocacy group pushes first federal hate crime arrests". Associated Press. March 15, 2013.
  71. 1 2 "David Jason Jenkins, Anthony Ray Jenkins Face Life In Anti-Gay Attack Under New U.S. Hate Crime Law". The Huffington Post. April 18, 2012.
  72. 1 2 Grinberg, Emanuella (22 December 2016). "Hate-crime case result historic for feds - CNNPolitics.com". Cnn.com. Retrieved 2016-12-22.
  73. 1 2 "Federal Hate Crime Law Used For Transgender Violence For The First Time - BuzzFeed News". Buzzfeed.com. 2016-12-15. Retrieved 2016-12-22.
  74. ↑ Ellis, Ralph; Grinberg, Emanuella; DiGiacomo, Janet (15 May 2017). "Hate crime: Man sentenced for killing transgender woman". CNN. Retrieved 2017-05-18.
  75. ↑ "Mississippi Man Sentenced to 49 Years in Prison for Bias-Motivated Murder of Transgender Woman in Lucedale, Mississippi". www.justice.gov. 15 May 2017. Retrieved 2017-05-18.
  76. ↑ Reilly, Ryan J. (September 8, 2010). "Judge Dismisses Challenge To Hate Crimes Law: Plaintiffs Argued Their Hate Would Cause Headaches". tpmmuckraker.talkingpointsmemo.com. Retrieved December 30, 2012.
  77. ↑ Boetel, Ryan (July 5, 2013). "U.S. court upholds man's hate crime conviction". Albuquerque Journal . Retrieved January 26, 2015.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.