Sanesha Stewart, Lawrence King, and why hate crimes legislation won’t help
Published by Jackat February 20, 2008 in (in)justice system, people of color, prison abolition, queer and racism.
I’ve been out of town and subsequently out of touch for a while now, visiting El Paso with my partner to meet her incomprehensibly adorable two-week-old nephew. But in the midst of the happiness that babies and family and vacation bring, two pieces of tragic news have weighed heavily on my mind. Both of them demonstrate how dangerous and hostile a world this is for people who are trans and gender non-conforming.
On February 10, Sanesha Stewart, a young trans woman of color, was brutally murdered in her apartment in the Bronx. This is tragic and deeply saddening in and of itself, and part of a frightening and enduring pattern of violence against trans people. But because of this woman’s identities - trans, woman, person of color, low income - the tragedy doesn’t end with her death and the grief of those who knew and loved her. Instead, the mainstream media, specifically the Daily News, has managed to add to the tragedy with grossly disrespectful and transphobic journalism - if such garbage can even be called journalism. This, too, is part of a pattern, one that I’ve written about before. And yet, every time I read another disgustingly transphobic article, I’m still shocked and appalled that some media sources will stoop so low. Even in death, even after having been murdered, trans people are given no respect and are treated as less than human.
In an eloquent and resonating post on Feministe, Holly posits a world in which Sanesha Stewart’s murder would be treated with respect for the victim and a cold eye for the killer, then contrasts that with the lurid reality:
There was no respect and no cold eye, none at all. I must be imagining some completely different universe where young trans women of color aren’t automatically treated like human trash. Where we all live, business as usual is to make a lot of comments about what the murder victim dressed like and looked like, reveal what her name was before she changed it, automatically assume she’s getting paid for sex, and to make excuses for the alleged killer.
Only days after Sanesha was murdered, Lawrence King, a 15-year-old, openly gay, gender non-conforming junior high schooler was shot in the head and killed by Brandon McInerney, a fellow classmate, a 14-year-old boy. McInerney has been charged with first-degree murder and a hate crime, for which he could face a sentence of 24 years to life with an additional three years because of the hate crime status.
It’s mind-boggling. Mind-boggling that someone so young could be so severely punished for simply being himself; mind-boggling that someone so young could have so much hatred or anger inside of him that he could kill another kid. Or, as Holly suggests in another post, that perhaps McInerney was not acting out of simple hatred:
I fear the worst — and the worst would not just be that some homophobic asshole killed a child. There’s an even worse worst: that a child is dead, and the other child who pulled the trigger did so because he couldn’t deal with his own feelings. And now that second child will be tried as an adult, and another life destroyed.
When crimes like the murders of Lawrence King and Sanesha Stewart occur, I often hear queer and trans advocates call for strong hate crimes legislation. In a statement from the Human Rights Campaign about King’s murder (mind you, I doubt the HRC would ever release any statement about Stewart’s murder), Joe Solomnese reiterated this demand:
While California’s residents are fortunate to have state laws that provide some protection against hate crimes and school bullying, this pattern of violence against gay, lesbian, bisexual and transgender students is repeated too often in schools and communities across America each day. This tragedy illustrates the need to pass a federal hate crimes law to ensure everyone is protected against violent, bias-motivated crimes, wherever they reside.
I disagree with this response. I cannot see how hate crimes legislation can do anything to protect anyone - queer and trans people, people of color, women, and other victims of hate crimes. Hate crimes legislation only works after the fact, after someone has been victimized, hurt, or killed. Hate crimes legislation cannot undo what has been done. Nor can it undo what has been done to our society and to the individuals within it: the inscription of hatred, of intolerance, of prejudice upon our psyches. Hate crimes don’t occur because there aren’t enough laws against them, and hate crimes won’t stop when those laws are in place. Hate crimes occur because, time and time again, our society demonstrates that certain people are worth less than others; that certain people are wrong, are perverse, are immoral in their very being; that certain people deserve discrimination, derision, and disrespect.
Perhaps advocates of hate crimes legislation believe that such laws would send a message to people that homophobia, transphobia, and other forms of prejudice and hatred are wrong. I don’t think it will. How could such laws counteract the prejudices that permeate our society? I seriously doubt that hate crimes legislation that is only brought up after someone is hurt or killed can make a dent in the ubiquitous flood of messages that we receive from politicians, religious leaders, the media and pop culture that queers and trans people are less deserving of respect and rights than straight and non-trans people. In this country, all signs point to queer people being second-class citizens, and trans and gender non-conforming people being maybe third or fourth-class citizens. That is what sets up a situation where someone is targeted because of their sexuality or their gender identity, just as such dehumanization is what has fueled racist and sexist violence for centuries. And that’s simply not going to be undone by hate crimes legislation. Attacking a few of the symptoms of hatred while leaving others unhindered and the root causes untouched is never going to change much of anything.
Moreover, hate crimes legislation is far too tied up with our unjust judicial system and prison industry. How can we rely on systems that continuously target and abuse people of color, queer folks, and trans folks to protect us from targeting and abuse? Can we really trust the police, the courts, and prisons to protect us when much of the time they’re violating our rights, tearing apart our families, and ravaging our communities? Is it likely that hate crimes legislation will be applied fairly across the board in a system that consistently fails to treat all people equally? I think not. For communities that often find themselves being victimized by the judicial and prison systems, there can be little to gain in bolstering those systems and giving them more power to imprison, possibly unjustly. For my part, I’m invested in prison abolition, so “protections” that serve primarily to send more people to jail for longer periods of time are counterintuitive.
In fact, because hate crimes legislation involves no analysis of power - it’s not legislation against homophobic or transphobic or racist acts, but rather against general hatred in any direction - such laws can even be applied against oppressed people. Now, I’m not defending or condoning acts of violence or hatred perpetuated by oppressed people, nor am I saying that one form of violence is better than the other. But the lack of a power analysis built into such legislation reminds me of accusations of “reverse racism” in that they both completely miss the point. Queer folks, trans folks, people of color aren’t disproportionately victimized simply because some individuals hate them; that hatred is backed up, reinforced, and executed by an entire system of institutionalized power that allows and in fact encourages such acts of violence. The lack of acknowledgment of these systems of power in hate crimes legislation only reinforces my belief that such legislation is relatively useless in doing anything to stop homophobia, transphobia, racism and other forms of oppression, and therefore won’t do much to stop the violence that stems from said oppression.
Hate crimes legislation won’t bring Sanesha Stewart or Lawrence King back, nor will it protect other trans and gender non-conforming folks and people of color from violence fueled by hate. Instead of reacting to hatred with disapproval after the fact, we need to instill a proactive condemnation of hatred, prejudice and discrimination into our society. Sure, that’s a much more difficult job to do, but it can be done, slowly but surely, and it’s the only way we’re truly going to protect those who need protection most.
No comments:
Post a Comment