Sexual orientation bias hate crimes up 18% from 2011 to 2012, according to TBI report

The annual Tennessee Bureau of Investigation hate crime report is out.  This report compiles data for hate crimes committed in 2012.  The results are disturbing.

First, the statistics still don't include information about crimes based on gender identity, crimes targeting transgender people.  The Tennessee hate crimes law includes sexual orientation, but it does not include gender identity.  However, the federal crimes law includes both sexual orientation and gender identity.

Second, overall hate crimes for all bias-motivated offenses taken together (race, religion, sexuality, etc.) are up 70.4% from 2011 to 2012.

Third, bias-motivated hate crimes based on sexual orientation went from 39 in 2011 to 46 in 2012--an increase of almost 18%.

Here's the breakdown:

11 crimes targeting gay men
5 crimes targeting lesbians
25 crimes targeting gays and lesbians (and presumably bisexuals)
4 crimes targeting heterosexuals*
1 crime targeting bisexuals

*Yes, bias-motivated crimes can affect the majority community.  Sexual orientation is a general category.  Everyone has a sexual orientation.  It may surprise many people to see anti-straight hate crimes included, but I'm glad the information is part of the report because it shows that including the category of sexual orientation is really about making everyone safer, not just the minority communities, although that would be an important goal in itself.

As I noted, the results are very disturbing.  We all need to continue to address the rhetoric of bias around issues of race, ethnicity, religion, sex/gender, sexual orientation, disability, and gender identity in Tennessee. 

What happened to "Love thy neighbor"?

Homophobia leads to violence in Gibson County, Tennessee (in red)

Last week, Jerry Pittman, Jr. and his boyfriend Dustin Lee were brutally attacked on the grounds of Grace Fellowship Church in Fruitland, Gibson County. According to reports, Jerry's uncle and two church deacons to beat the two young men while yelling homophobic slurs at the direction of Jerry's father, the pastor of the church.

Tennessee Equality Project's Madison County Committee assisted the young men in making contact with local media at WBBJ to tell their story. The news has spread to local and national news outlets and blogs such as Joe.My.God, Towleroad, LGBTQNation, and the Advocate. TEP supports the following statement from its Madison County Committee leaders in response to the incident:

Tennessee Equality Project's Madison County Committee and leaders statewide stand firmly behind Jerry Pittman, Jr.  and Dustin Lee as the facts of their case continue to emerge. Those facts as reported to us thusfar can only lead to one conclusion: the assault suffered by Mr. Pittman, Jr. and Mr. Lee were motivated by nothing more than hatred, homophobia, intolerance, and a lack of understanding. Particularly disturbing is the fact that Mr. Pittman, Jr. and Mr. Lee had been welcomed to worship services as a couple numerous times in the past. Equally disturbing is that Mr. Pittman's family members (who are leaders of this congregation) initiated, instigated, and carried out this assault. 

The Tennessee Equality Project and its local committees across the state stand ready to assist and advocate for persons who find themselves the victim of discrimination.  

- Drew Baker, Madison County Committee Chair and Tommy Schlindwein & Erin Bumpas Brine, Madison County Committee Vice Chairs

Stay tuned as more information becomes available on this developing story.

Anti-LGBT bias allowed and encouraged at Sequoyah High School

The call for action to confront anti-LGBT bias at Sequoyah High School is growing. Last night, I received a call from a concerned mother in Monroe County, Tennessee. She expressed support for the group of students and parents hoping to charter a Gay-Straight Alliance at Sequoyah.

She knows first hand how Sequoyah students who don't fit in are targeted for bullying or harassment. Her son was assaulted in a poorly supervised class at the school in 2009. Several students captured her son's beating on camera phone and later circulated the video among their peers. Despite ample evidence of the assault, the school and district administration did not nothing to confront or correct the behavior of the students who assaulted her son. Read this mother's account of what happened in her own words:

I don’t know anything about being gay, but I’ve got friends who are gay and lesbian. I have a son that was beaten severely at the high school in 2009 and bullied repeatedly. In my opinion, it’s my opinion only, that there is a very bad history here of . . . especially in that school of . . . if they find something wrong that they can zero in on or if you rock the boat then you are zeroed in on and it’s never ending. My son was absolutely tortured down there. And when I tried to stop the bullying and harassment and intimidation, it was not only not stopped by the faculty, but, in my opinion, they took part in it. They held his diploma. They didn’t print his senior page in the yearbook even though we paid $300 for that. They held his transcripts. He ended up . . . . he wanted to go his prom, but he was afraid to go to his prom. He did not want to go to his graduation. They have ruined his life. And he is 19 years old now. And he left school early just to get away from it all because it was never ending. And it’s still going on to this day. We eventually had to get an attorney.  

My son is not the only one. I have had repeated parents come to me and come talk to me and ask my advice. And I can make you a list. Most of them end up saying that we have to live here. It’s no use. And, in my opinion again, this is one of the most corrupt towns and areas I have ever seen.  

I tried to get on the school board to do something. I was cut off by the Director of Schools. I tried three times. I could not get on the school board agenda. I tried to get public records. It took me over a year. I finally had to go to Nashville and get the open records counsel for the State involved. And even then, I was limited on what I could have. It’s amazing what goes on here. People, in my opinion, are afraid. They are afraid for themselves, they are afraid for their children, they are afraid for the families and they are afraid for their businesses in retaliation for what will happen.  

We need somebody, not just for the gay and lesbian teens but just for people in general, at this school. We need somebody from out of town to take a look and to help make a stand. People are afraid.

This brave mother gave me permission to share her story. I withhold her name to protect her privacy and her family's safety. Her son is not gay, but she believes the systemic culture of fear and intimidation perpetuated by the Monroe County School District must be confronted to provide a safe environment for the children who attend its schools. While addressing the safety of her own son, she learned from another parent that the administration of Sequoyah High School is not addressing specifically anti-gay bullying.

The Secretary of the U.S. Department of Education has said that

Gay-straight alliances (GSAs) and similar student-initiated groups addressing LGBT issues can play an important role in promoting safer schools and creating more welcoming learning environments. 

Organizations like GLSEN (Gay, Lesbian and Straight Education Network) offer tested resources for creating safe environments for all students in schools regardless of sexual orientation or gender identity. We've shared these resources with the group of students and parents seeking to form a GSA at their school. I called and emailed the Monroe County School District Director Mike Lowry earlier this week to offer TEP's assistance in identifying ways to promote a safe environment for all students at Sequoyah High School. Director Lowry has not called back.

It's time for Sequoyah High School to confront the unsafe environment that its principal and school district director appear intent on covering up. Management through inaction is not management at all - especially at the expense of children. 

- Jonathan Cole

TN General Assembly offers good and bad legislation for LGBT people

Tennessee Equality Project is actively monitoring the following bills in the 107th General Assembly of the State of Tennessee. While not exhaustive, this list contains legislation in this session that may advance or threaten the equality of LGBT people and their families. Click the bill number links for the most current status of legislation and learn more about these bills and their potential impact on Advancing Equality Day on the Hill on March 1. - Jonathan Cole

CRIMINAL LAW

Sentence enhancements when gender identity motivates crime. (SB0314/ HB0188). Includes "gender identity or expression", rather than gender alone, on the list of motivations behind committing a crime that may be considered for sentence enhancement. (S: Marrero; H: Richardson).

EDUCATION

“Abstinence-Centered” Sex Education (SB 1305/ HB 1352). As introduced, implements an integrated sex education program in place of the family life curriculum and authorizes parents to maintain an action against an outside instructor or organization for teaching students about material prohibited by the curriculum guidelines. - Amends TCA Title 37; Title 49 and Title 68. (S: Johnson J.; H: Dunn).

Teaching of sexuality in elementary and middle schools (SB0049/ HB0229). Prohibits a public elementary school or middle school from the teaching of or furnishing of materials on human sexuality other than heterosexuality. (S: Campfield; H: Dunn).

Student participation in extracurricular activities (SB0426/ HB0432). Requires schools to notify parents or legal guardians of all clubs and organizations available to students attending such school by displaying such information in the student handbooks or policy guidebooks. Prohibits a school from allowing a student to become a member or participate in any activities of a club or organization if the parent or legal guardian of such student has tendered a written communication prohibiting such student from such membership or participation. (S: Campfield; H: Hill).

Schools must create policies to discourage cyber-bullying (SB0488/ HB0301). Defines cyber-bullying. Requires each school to implement policies against cyber-bullying and send a copy of the policy to the commissioner of education. Encourages school employees, students, and volunteers to report cyber-bullying, in addition to other forms of intimidation. (S: Ketron; H: Curtiss).

Policies regarding harassment, intimidation and bullying (SB0760/ HB1153). Clarifies terms and policies associated with harassment, intimidation and bullying. Adds that the policy prohibiting bullying shall not be interpreted to infringe upon the First Amendment rights of students and shall not prohibit their expression of religious, philosophical, or political views; as long as such expression does not include a threat of physical harm to a student or damage to a student's property. (S:Tracy; H: Dennis).

Policies on harassment and bullying (SB1923/ HB1105). As introduced, requires an LEA revising its policy prohibiting harassment, intimidation, or bullying, which was filed with the commissioner of education, to transmit the revised policy to the commissioner. - Amends TCA Title 49. (S: Woodson; H: Montgomery).

VITAL RECORDS

Birth certificate changes upon sworn statement (SB0313/ HB0187). Allows a person's birth certificate to be changed to reflect a change of that person's gender upon a sworn statement by a certain medical or mental health professional. (S: Marrero; H: Richardson).

VOTING RIGHTS

Photo ID required to vote (SB 0016/ HB 0007). As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. (S: Ketron; H: Maggart).

Photo ID required to vote (SB 0375/ HB 0402). As introduced, requires a voter to present qualified photographic identification before voting; voters without proper identification shall be allowed to cast provisional ballots. (S: Bell; H: Watson).

HEALTH CARE

Board of medical examiners to regulate genetic counselors (SB 0791/ HB0344). Recognizes that the board of medical examiners has the power to promulgate rules and regulations to administer the Genetic Counselors Licensing Act. (S: Overbey; H: Ramsey B.)

LOCAL GOVERNMENT

“Equal Access” to Intrastate Commerce Act (SB 0630/HB0598). Enacts the "Equal Access to Intrastate Commerce Act." Prohibits a local government from imposing an anti-discrimination standard that deviates or supplements the definition of "discriminatory practices" already existing in Tennessee Code Annotated. Prohibits any local government from imposing on any person health insurance benefits, minimum wage, or family leave requirements that deviates from state or federal statutorily recognized requirements. (S: Ketron; H: Casada)

"Equal Access" to Intrastate Commerce Act (SB0631/ HB0601). Enacts the "Equal Access to Intrastate Commerce Act." Prohibits a local government from imposing an anti-discrimination standard that deviates or supplements the definition of "discriminatory practices" already existing in Tennessee Code Annotated. Establishes that the only anti-discrimination employment practices or standards that may be legally enacted by a local government with respect to any person must be limited to race, creed, color, religion, sex, age, or national origin. Prohibits any local government from imposing on any person health insurance benefits, minimum wage, or family leave requirements that deviates from state or federal statutorily recognized requirements. (S:Ketron; H: Casada)

“Equal Access” to Intrastate Commerce Act (SB0632/ HB0600). Enacts the "Equal Access to Intrastate Commerce Act." Prohibits a local government from imposing an anti-discrimination standard that deviates or supplements the definition of "discriminatory practices" already existing in Tennessee Code Annotated. (S:Ketron; H: Casada).

HUMAN RIGHTS

Prohibition of discrimination based on sexual orientation (SB 1132/ HB 1317). As introduced, adds sexual orientation to the list of characteristics on which discrimination is prohibited in employment, public accommodations, and housing and financing. - Amends TCA Title 4, Chapter 21; Title 8 and Title 50. (S: Marrero; H: Jones S.)

Birth certificate and hate crimes bills filed today

Two bills vital to the safety and equality of transgender people in Tennessee were filed today in the Legislature. Both bills will be familiar to equality advocates around the state as they have appeared in previous sessions

Birth certificates: Rep. Jeanne Richardson (D-Memphis) filed HB0187 that allows an amendment to one's birth certificate for gender. Tennessee is the only state by statute that prohibits such a change. The bill is important because one's birth certificate is used as a form of identification for employment, etc.

Hate crimes: Rep. Richardson also filed HB0188 to add a penalty enhancement factor for hate crimes committed on the basis of gender identity or expression. There is an existing penalty enhancement factor for sexual orientation. We have sadly seen a number of hate crimes against the transgender community in Tennessee over the last few years.

The Tennessee Transgender Coalition has taken the lead over the years in advocating these important pieces of legislation. TEP has been glad to support the bills. Equality advocates will have the chance to work on their behalf again on March 1 at the 7th annual Advancing Equality Day on the Hill.

-Chris Sanders

Top 10 political stories affecting TN's GLBT community

The Memphis Flyer and Out & About Newspaper have published helpful lists of top stories affecting Tennessee's gay, lesbian, bisexual, and transgender community in 2010. So I wanted to take a look at the top 10 political stories affecting us. Here are my views in no particular order:

*The first two are national in scope, but they're important for those of us in Tennessee.

1. Equality in Hospital Visitation. In April President Obama signed a memorandum directing Health & Human Services to prohibit discrimination in hospital visitation based on sexual orientation or gender identity in facilities that participate in Medicare or Medicaid.
2. Repeal of Don't Ask, Don't Tell (almost). The House and Senate passed a stand-alone bill repealing the military's outdated Don't Ask, Don't Tell policy this month. It will take effect once a few sign-offs take place.
   
3. Violence. Hate crimes in Tennessee based on sexual orientation were down in 2009 according to a May 2010 Tennessee Bureau of Investigation report. The document still fails to include hate crimes based on gender identity. Despite the 2009 statistics, 2010 brought some ugly incidents such as hate-motivated arson of a lesbian couple's house in Vonore and the Jackson Police Department's treatment of transgender woman Akasha Adonis after she was brutalized at Kohl's.
4. Failure of the Don't Say Gay bill. This discriminatory, needless piece of state legislation met its Waterloo yet again this year after a few sneak attacks.
5. Failure of the Memphis Employment Non-Discrimination Ordinance TWICE! Sadly a majority of the members of the Memphis City Council couldn't agree that city employees should be able to work in an environment free of discrimination.
6. Elections. It would be tempting to leave it at that. But I want to hit some of the low moments. The ugly comments by 8th congressional district candidate Ron Kirkland about gay people in the military, the short-lived almost New York Senate candidacy of Harold Ford Jr. that got derailed in part over his evolving views of marriage equality, a Tennessee House candidate writing children's books against marriage equality, 5th congressional district candidate David Hall's anti-equality push polling, and so on.
7. Oak Ridge goes G, L, and B, but not T. One surprise (to me) is that Oak Ridge voters decided to amend their charter in November to prohibit discrimination against city employees based on sexual orientation. It is a lost opportunity that gender identity was not also included in the measure.
   
8. Metro Nashville Human Relations Commission empowered to document gender identity discrimination. Earlier this year, TEP requested that Council Members seek a legal opinion clarifying whether the Metro Human Relations Commission has the authority to document discrimination in the private sector based on gender identity. A 2003 legal opinion had already established similar authority with respect to sexual orientation. We are pleased that the answer is YES. We hope the Commission embraces its authority and that victims report discrimination.
   
9. Nancy VanReece announces Metro Nashville Council bid. Nancy VanReece announced this year that she will be seeking the 4th district Metro Council seat. Go, Nancy!
10. Belmont. The termination of Belmont University's soccer coach Lisa Howe has turned national media attention on Nashville and not in a way we would have liked. This event, along with other cases of discrimination against faculty and students that have come to light, has triggered many proposed political remedies. To clarify Metro Nashville Government's position, Mayor Karl Dean called on city boards, commissions, and authorities to update their non-discrimination policies; Council Members Jamie Hollin and Mike Jameson filed a bill to revoke Belmont's Rose Park lease with Metro unless and until they updated their non-discrimination policy (a bill which has been deferred indefinitely); and a bill has been proposed that would require vendors contracting with Metro to include sexual orientation and gender identity in their non-discrimination policies. It remains to be seen whether Belmont will ever get beyond its public assurances and adopt such a written policy.

There they are. What are your top 10 political stories of 2010?

-Chris Sanders

BREAKING NEWS: Transwoman assaulted at Kohl's Department Store in Jackson, TN

Akasha Adonis

Black Friday (the day after Thanksgiving Day) is known for being one of the busiest shopping days of the year. Intrepid shoppers appear hours before the doors open at retail establishments across the country in search of deeply discounted merchandise for holiday gifts. We hear stories each year of customers storming the doors when they open to ensure purchase of an often limited supply of items on sale. Sadly, holiday cheer and good will is sometimes in shorter supply than the merchandise being sought.

Such was the case at Kohl's Department Store in Jackson, TN on Friday, Nov. 26. A transgender woman and her mother were assaulted by other shoppers as the store opened for business. When store personnel unlocked the doors to the store, Akasha Adonis and her mother of Humboldt, TN made their way to one of four entrances where there was no line. As they were entering the store, a girl from another entrance where there was a line ran up to Akasha's mother and another woman and attempted to ram through them into the store. When Akasha stepped between the girl and her mother to protect her, the girl jumped into Akasha's face and began cussing at her. At the same moment, a man attacked Akasha and another woman at the entrance. The assailant hit Akasha and pulled out her hair as he pulled her through the door into the store. The man then shoved his hand in her mouth with his thumb, tore three of her teeth out of socket, and broke her jaw as he forced Akasha to the ground. The assailant then stood up and walked into the store to shop as Kohl's staff stood idly by greeting other shoppers.

The other victim who was hit by the assailant called the police. Four Jackson Police Department officers responded to the scene. Officer Ashley M. McCullar interviewed Akasha, her mother, and the woman who was attacked. At first, Officer McCullar treated Akasha with respect. But Akasha noticed a marked change in attitude towards her when the officer learned she was transgender (Akasha's photo I.D. lists her name as Johnathan Quick):

When the officer first arrived on the scene and asked about the assault, he addressed me as she then asked for my i.d. and my name. [When] the  officer saw that it was a male name, and I was a male to female transexual, he immediately changed his demeanor in how he treated me and the other witnesses. He rolled his eyes and turned his back to not look at me and said that he had 'other places to be.' There was no more conversation directed to me but to fellow officers and [other] people. He was short and rude/dismissive to witnesses and to the officers I was the 'He not She.' The officer told my mother that the case would take a few days to write up and he would get the surveillance tape and then walked away. In the officer report he put in that "the black male then defended himself and put Quick in his place."

After learning that Akasha was transsexual, Akasha states that the officer made no real attempt to apprehend the suspect nor cared to view the surveillance video knowing that the suspect had not yet left the store.

Akasha's injuries were so severe
that her teeth could not be saved.

Akasha received medical care from a local emergency room and oral surgeon after the assault. None of her teeth could be saved and corrective surgery for her teeth and jaw will cost $6000.

Akasha's mother posted about the incident on her Facebook page. A Kohl's employee posted a comment in response which read: "no it happened before I got there. i got there at 5 AM. they said it was a guy and a guy dressed up as a woman . they said the he/she/it got its wig knocked off and some teeth knocked out." The employee may not have realized that Akasha's mother was relating an incident about her own child. The employee later deleted the comment from Facebook, but the comment was preserved in a forwarded Facebook email. The comment provides evidence of insensitivity and bias against transgender people on behalf of Kohl's employees.

Since the incident, Akasha and her mother tried to call attention to this gruesome attack, the lack of response by Koh'ls Store employees, and the bias exhibited by the Jackson Police Department by contacting local media (including WBBJ and the Jackson Sun newspaper). In a Jackson Sun report on Black Friday, Jackson Police minimized Akasha's injury:

The damage to Kris’ ankle is slight and likely not as painful as the punch in the mouth taken by one shopper at Kohl’s. Jackson police said two people got into a fight at that department store sometime before its 3 a.m. scheduled opening. Police said one person was socked in the mouth, but there were no serious injuries.

No. Serious. Injuries. Does the Jackson Police Department believe that permanent jaw damage and the loss of three teeth is not a serious injury? Are permanent injuries sustained by transgender persons not as serious as those suffered by others?

Akasha reached out to friends who put her in touch with Tennessee Equality Project. TEP's Madison County Committee Chair Drew Baker contacted Akasha to help and advise her on how best to proceed.

Akasha and her mother filed a complaint against the officer and asked for a written copy of the police report. The report given to Akasha omits a statement collected from an "unknown witness" cited in a separate section of the report recording the observations of Officer McCullar. The Officer recorded that the unknown witness said "Quick was outside in line and became upset with the black male subject and Quick then threw the first punch, the black male then defended him self and put Quick in his place." It appears that Officer McCullar is witholding part of the report that may shed light on whether the officer was recording his own transgender bias or that of the unknown witness. The other witness was the other woman attacked by the assailant at the entrance. What reason would she have to say that Akasha had been put in her place?

When Akasha and her mother contacted the Jackson Police Department to complain about their mistreatment, they were informed that JPD could not obtain a copy of the video surveillance from Kohl's without a subpoena. Since when is a subpoena necessary when a crime is committed?

Kohl's contacted Akasha today to request that she visit the store to complete an incident report for their company. When Akasha informed Kohl's representative of JPD's statement about needing a subpoena for the surveillance video, she was told that the police were welcome to a copy. Kohl's appears to be responding more appropriately at this stage, but the company appears to share liability for allowing an uncontrolled mob to put its customers at risk on store property. Let's hope that Kohl's cooperates in a full investigation of the incident by sharing the video and offers some assistance to Akasha with her medical bills.

This story is still unfolding, but several things are clear. Kohl's staff stood idly by while one of its customers was brutally attacked by an assailant who was allowed to walk freely into the store. Comments from store personnel demonstrate transgender bias of employees. The Jackson Police Department demonstrated bias in their treatment of Akasha, their minimization of her injuries, and in their reporting of the incident. JPD bias immediately following the incident may make it impossible to find the assailant and bring him to justice.

At this time Akasha is considering options on whether to pursue civil rights complaints.

- Jonathan Cole

A Tale of Two City Councils

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to heaven, we were all going direct the other way - in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.  - Charles Dickens, A Tale of Two Cities.

The last few years of LGBT advocacy in the struggle for full equality reminded me of this famous opening of the Dickens novel. Nationally and locally, LGBT people and their allies sense that recognition of our most basic human rights is attainable. However, the failed legislative repeal of DADT, no movement on ENDA in Congress or the Memphis Employment Non-Discrimination Ordinance, stalled progress on Prop. 8, and the recent suicides of LGBT youth take an emotional toll.

The recent debate of LGBT-inclusive workplace protections in the City of Memphis led me to focus on two stories in the current crisis of suicides among LGBT youth. I share the angst and disappointment in our Memphis City Government in their inability to allow its hard-working employees to earn a living without fear of discrimination based on sexual orientation or gender identity or expression. Our city's failure to treat its citizens fairly and equally angered so many people that hundreds of equality advocates took to the streets to march and rally in front of City Hall for LGBT rights on National Coming Out  Day on October 11. Such an outward display of frustration and anxiety is appropriate and healthy. My worst fear that some may choose the opposite reaction of internalizing that frustration and anxiety.


Zach Harrington

 In early October, 19-year-old Zach Harrington of Oklahoma completed suicide after attending a contentious hearing of the Norman City Council about a proclamation recognizing October as Gay, Lesbian, Bisexual and Transgender History Month in the city. The resolution passed, but Harrington internalized the toxic hatred expressed by opponents of the proclamation during public debate. The Norman Transcript reported:

One man said he moved to Norman because he thought it was the kind of place that would never accept the GLBT community with open arms. A woman, who described herself as “bi-racial,” said she was tired of the GLBT plight being compared to Civil Rights.

Some of those who opposed the proclamation claimed that members of the GLBT community would use it to infiltrate the public school system, essentially allowing the “gay lifestyle” to become a part of the curriculum.

Others claimed that council recognizing October as GLBT History Month was a waste of their time. Some members of the audience even suggested that any council members voting in favor of the proclamation may have trouble getting reelected.

Numerous residents also claimed the Bible was their guiding light, citing the ancient text as their primary reason for opposing the proclamation and the GLBT community in general.

And for those in attendance, it was hard to ignore the intolerant grumblings, the exasperated sighs and cold, hard stares that followed comments from supporters of the GLBT proclamation.

Even most council members admitted that a majority of the e-mails and phone calls they fielded regarding the proclamation were against it.

Harrington's family claimed that the hearing pushed Zach over the edge. Zach's parents hope people will think about the things they say in public. Both feel that words can do more than hurt feelings, especially when they come from friends and neighbors.


Ft Worth City Councilman Joel Burns

Within days of Zach's death, a concerned City Councilman of Fort Worth, Texas shared a tearful account of his experience as a bullied school boy. Joel Burns, who is openly gay, opened his remarks by recounting several of the recent cases in which youth across the U.S. had killed themselves after being targeted by anti-gay bullying. Burns was particularly concerned as a local government official about the effect that the toxic debate of the Norman City Council had on a local teen. The local Star-Telegram reported: 

"This bullying and harassment in our schools must stop," Burns said, describing it as an epidemic.

He then recalled his youth in the Fort Worth suburb of Crowley, describing himself as a skinny, sensitive boy who tried to be friendly to all.

In ninth grade, he said, older boys roughed him up, "said I was a faggot and I should die and go to hell where I belonged."

"Ashamed, humiliated and confused, I went home," Burns said. "There must be something very wrong with me, I thought."

After struggling to maintain his composure, Burns, now 40, then addressed himself directly to any gay teens who might see the video.

"You will get out of the household that doesn't accept you. You will get out of that high school, and you don't ever have to deal with those jerks again," he said. "Things will get easier ... Please stick around to make those happy memories for yourself."

Burns calls us all to a spring of hope amidst a winter of despair. His leadership on the Fort Worth City Council serves as a call to action to all local officials who vote on issues that affect the lesbian, gay, bisexual, and transgender community. Words and actions have consequences. Equality and fairness for all people should be a fairly simple matter, yet LGBT persons continue to struggle for basic human rights in the workplace and elsewhere.

As I dwell on the above Dickens' passage, I wonder openly about what kind of city Memphis wants to be.  I worry about the effect that purveyors of fear and ignorance about LGBT people will have on our city. If fear and ignorance define our city, it will certainly lead to a continued exodus of LGBT people and straight allies in search of communities that welcome people from all walks of life. But for those who cannot leave? Will they internalize the messages they hear from their leaders in self-destructive ways? Where will our Memphis City Council and Mayor lead us? Will Memphis be a city of foolishness, darkness, incredulity, and despair with nothing before us? Or, will Memphis be a city of wisdom, light, belief, and hope where everything is before us?

These are questions worth asking our city leaders as Memphis pursues its quest to become a City of Choice - a city capable of retaining and attracting talented people from diverse backgrounds. If fear and ignorance take precendent over welcoming and embracing all people in Memphis - including LGBT people - Memphis will fail in its quest.

Club XYZ in Knoxville target of "suspicious" fire

Club XYZ, a gay bar in Knoxville, TN, was set on fire early Sunday morning. Knoxville Fire Department Capt. D.J. Corcoran characterized the fire as suspicious without saying why.

Suspicion is certainly warranted since this fire follows the terrible blaze that destroyed the Stutte family home less than 40 miles away in Vonore, TN. Arsonists who set fire to the Stutte home spraypainted "queers" on the side of their garage leading many to characterize the heinous act as an anti-gay hate crime.

It's still too early to tell if the fire at Club XYZ is a hate crime. Call the Knoxville Fire and Explosion Unit 865-637-1386 if you have information about a possible cause for the fire.

Saturday Brunch on the Go: Probable Hate Crime in Vonore and more

Brunch came from Hardee's today. Cancel that. It was breakfast. It's too early for brunch and the ballcapped customers would have looked at me like I was crazy if I had asked them, "How's your brunch this morning?" Our president, H.G. Stovall, is on the road today and he and I always make a stop at Hardee's when we travel for TEP. So I raise my cup of Diet Coke to you, H.G., and wish you safe travels.

Hate crime in Vonore, TN: A fire that destroyed the home of a lesbian couple in Vonore about a week ago is finally getting some media attention. Here's WATE's coverage complete with a photo of "Queers" spraypainted on the house. More coverage is available from The Daily Times (Blount County). The couple had been harassed by a neighbor in the weeks leading up to the incident. The only fortunate, though ironic, aspect of the story is that the couple and their daughter were in Nashville celebrating their 5th anniversary of moving into the house while it burned to the ground.

PFLAG Maryville, the Tennessee Valley Unitarian Universalist Church, and the East TN Equality Council have offered support to the family. If you would like to help, Knoxville Pridefest's blog offers specific ways to do that.

We are all hopeful that the family remain safe and that they get justice under the Tennessee hate crimes statute and the new federal hate crimes law. The matter is in the hands of law enforcement and we will all be watching how they handle the matter.

Don't Ask, Don't Tell: As many of you heard, a federal judge has declared the military's Don't Ask, Don't Tell policy unconstitutional. It's good news, but it's not stopping advocacy groups around the country from pressing the Senate for a legislative repeal. Tomorrow the TEP Nashville Committee is holding a Don't Ask, Don't Tell Barbecue at Stirrup to get our members to contact Senators Lamar Alexander and Bob Corker to support repeal. That will be an uphill climb, but we believe they still need to hear from us so that they know people in Tennessee want to see this outdated, harmful, discriminatory policy changed.

Volunteers are signing up: This week TEP PAC started recruiting volunteers for pro-equality candidates for the General Assembly. We're getting a great response. What I'm noticing is that candidates are having a tough time getting all the help they need. We believe that they will be a valuable resource to candidates who deserve the help. If you would like to volunteer 2 hours between September 20 and November 2 to help a good candidate, contact us at chris@tnequalityproject.com and we'll try to find a match for you.

Have a great weekend!
-Chris Sanders

Troubling news out of Memphis

Last night, Memphis City Councilwoman Janis Fullilove informed me that she had received four phone calls from unknown numbers threating her life. Each death threat referenced Fullilove's sponsorship of the LGBT-inclusive employment non-discrimination legislation supported by Tennessee Equality Project. Following these calls, someone threw a dead cat in Fullilove's front yard. Memphis Police have responded with added presence at her home. Fullilove and her family are safe for the moment.

The news is troubling and proves an important point. When I spoke to the City Council's Personnel, Intergovernmental and Annexation Committee on July 20 about two city workers who had experienced discrimination in the workplace, I mentioned that these individuals could not come forward because of fear of retaliation. These stories were met with skepticism because these individuals would not publicly share their experience. One employee was fired, so why would he continue to fear retaliation?

If an elected Memphis City Council member can be threatened and intimidated with violence for having the courage to advocate as a straight ally for LGBT inclusive workplace protections, imagine what a city employee working in sanitation services, the Police Department, or the Fire Department might experience. Gender and sexual orientation bias in the community and in the workplace is real.

Gay, lesbian, bisexual and transgender people are not the only ones who suffer from homophobia and transphobia in our society. Yesterday's threats prove that such irrational sickness and ugliness affects the whole community.

This incident serves to highlight why the workplace reforms sponsored by Fullilove and supported by the vast majority of Memphians is needed. Failure to enact these reforms would send a message that violence and intimidation driven by homophobia and transphobia is acceptable in the City of Memphis.

Hate crimes based on sexual orientation go down in 2009

According to the Tennessee Bureau of Investigation's crime statistics, hate crimes based on sexual orientation went down in Tennessee in 2009 vs the previous year. There were 52 sexual bias crimes in 2009 vs 60 in 2008.

Nevertheless, there were incidents in Nashville. The Tennessean describes two:

"In March, a man walking downtown on Second Avenue was confronted by a man who asked if he was gay. When he responded that he was gay, the other man punched him in the mouth. The victim required stitches."

and...

"In December, a man walking near Second Avenue North and Commerce Street with his friends was called an anti-gay slur, punched and tossed to the ground. He was treated for a dislocated elbow."

Overall, the report is good news. The report is a reminder that areas that are becoming more tolerant such as Nashville still have work to do in reducing the number of bias related incidents.

The report does not cover crimes based on gender identity unless it is now putting such crimes in with the category gender. The federal hate crimes law was signed in 2009 which covers both sexual orientation and gender identity, so hopefully the 2010 report that comes out next year will have a full breakdown of statistics. The lack of specific reporting is another reason to pass the Richardson/Marrero bill in the Legislature that would add gender identity and expression to the state hate crimes statute.

Justice delayed is justice denied for Duanna Johnson

The trial of Bridges "Sutton" McRae, the former Memphis Police Officer charged with beating Duanna Johnson in February of 2008, ended in mistrial today. All but one of the twelve jurors voted to convict McRae. The dissenting juror did not believe the prosecution had proven that McRae had acted "willfully." All twelve jurors had to agree that Duanna's civil rights had been violated to convict McRae.

The trial result is disappointing to say the least. We can try to take comfort in the fact that eleven out of twelve jurors agreed with the evidence. McRae hurled transphobic and homophobic slurs at Duanna and was then captured on camera beating her senseless. Five witnesses testified that McRae's attack was unprovoked. It's unfortunate that Duanna herself was not here to give her testimony in person (she was killed in the street in late 2008 in a still unsolved and open investigation). Would the result have been different?

The prosecution has the option of retrying the case. Both sides interviewed jurors after the outcome today to learn what worked and what didn't work. Today's result will not be the last word. Justice is still possible.

Hope still lives and we must tend the flames of that hope so that Duanna's brave pursuit of justice was not in vain. On Tuesday night, the Memphis Gay and Lesbian Community Center's Raise Your Voice committee will hold a vigil in Duanna's memory at 6:30 PM at Civic Center Plaza in downtown Memphis. We must speak for Duanna and the untold numbers of other transgender persons who suffer violence in our community. We must raise our voices so that our city is not defined by the fear and ignorance that led to Duanna's assault.

Some candles will be provided, but supplies are limited. Bring a candle from home and bring friends and loved ones. Let's show this city and the world that Memphis must become a place that welcomes and protects all its people.

- Jonathan Cole

More from myFOX Memphis:

From Criminals to a Protected Class in Hate Crimes Law

When President Obama signs the hate crimes law on Wednesday, an important six-year journey will be complete. What won't be fulfilled, of course, is the need for further legislation protecting the employment of GLBT people and recognizing our relationships. But the bill represents the transformation of our community from criminals to a class marked for protection from crime. Strictly speaking, the categories of sexual orientation and gender identity are netural since everyone has a sexual orientation and a gender identity, but the effect will be to recognize GLBT people in federal law.

Only six years ago the Supreme Court handed down Lawrence v Texas, which overturned state sodomy laws. Many states had already undone their sodomy laws, but some had not. Without the Court's ruling, any of the states could theoretically reinstate them. The Lawrence decision meant that same-sex relationships, though not fully recognized, could not be criminalized. And now in the space of just six years from Lawrence, crimes committed against us because of our sexual orientation and gender identity will receive greater scrutiny and more resources will be available to solve them.

Transgender people will count. Literally. Currently the FBI tracks hate violence based on sexual orientation, but not acts based on gender identity. Now both kinds of bias-motivated violence will be tracked, investigated, and prosecuted. That is good news for Tennessee where prosecutions are rare and our state hate crimes law does not include gender identity.

Progress can never be rapid enough for a group that faces discrimination and violence. We have much further to go to realize the promise of equal protection. But the movement from Lawrence to the hate crimes law is a breath-taking development and worthy of celebration.

National Coming Out Day Billboards vandalized in Memphis

Last week, the Memphis Gay and Lesbian Community Center launched a billboard advertising campaign for National Coming Out Day in October. Last night, one of those billboards was torn down in an act of vandalism. This particular billboard portrayed a good friend who was discharged from the Marines under the military's Don't Ask, Don't Tell policy. In the ad, he was saluting in full uniform with the caption "I'm gay, and I defended your freedom."

This act of vandalism hurts in so many ways. This crime dishonors all soldiers who commit their lives to the safety and security of our nation. This crime is an affront to the gay, lesbian, bisexual, and transgender citizens of Memphis who merely wish to enjoy the same rights and responsibilities that others do. This crime seeks to silence free speech. This crime is a hate crime perpetrated on property due to bias against those who are gay or lesbian.

This crime will not send GLBT citizens and their straight allies in Memphis back into shadows of the closet. We are your family, your friends, your neighbors, and your coworkers. We are proud. We are unafraid. We stand with newly stiffened spines.