Gay Bashg, Trans Slaygs, and the Reasons Why LGBTQ Philalphians Rema Woefully Unsafe 2014 – Journal of Law & Public Policy

Contents:

• GAY BASHG, TRANS SLAYGS, AND THE REASONS WHY LGBTQ PHILALPHIANS REMA WOEFULLY UNSAFE 2014
• WHAT’S NEXT FOR GAY RIGHTS 2014?YEAR AHEADTHE YEAR 2013 WAS A BANNER ONE FOR GAY MARRIAGE—BUT SOME LGBT ACTIVISTS ARE ASKG WHETHER THE MOVEMENT IS HEAD DOWN THE PATH TO TE EQUALY AND LIBERATN. SALLY KOHNUPDATED APR. 14, 2017 1:06PM EDT / PUBLISHED JAN. 01, 2014 5:45AM EST MAR TAMA/GETTY,MAR TAMA“ON ONE LEVEL, OUR MOVEMENT HAS BEEN A STAGGERG, IF NTROVERSIAL, SUCCS; YET ON ANOTHER LEVEL, GAY AND LBIAN PEOPLE REMA PROFOUNDLY STIGMATIZED, STGGLG AGAST THE SAME CRIS— HEALTH, VLENCE, DISCRIMATN AND SOCIAL SERVIC—THAT HAVE PLAGUED FOR S.”THE WORDS WERE WRTEN NOT 2013 BUT 1995, VIRTUAL EQUALY: THE MASTREAMG OF GAY AND LBIAN LIBERATN, A SEMAL TEXT BY PROMENT ACTIVIST AND TELLECTUAL URVASHI VAID. BUT THE WORDS RG TE TODAY. HERE WE ARE, ENDG WHAT SOME ARE LLG “THE GREATT YEAR GAY RIGHTS”—AND YEAH, ’S BEEN A BIG YEAR OM THE UNPRECENTED LEGAL BREAKTHROUGHS, PECIALLY MARRIAGE EQUALY, TO THE CULTURAL MARKERS OF MORE AND MORE CELEBRI AND SPORTS FIGUR G OUT OF THE CLOSET. AND YET ’S NOT JT THAT CLARG VICTORY THE CULTURE WAR, OR EVEN SKIRMISH, FEELS PREMATURE—AS THOUGH MIMIZG THE ENDURG AND FECT FLUENCE OF THE RIGHT-WG BACKLASH. EVEN MORE, WH 2013 OVER, WE SHOULD ASK WHETHER ALL THE ACHIEVEMENTS SO FAR—AND THE PATH ON WHICH THE LGBT MOVEMENT IS HEAD—ED ADD UP TO TE EQUALY AND LIBERATN. REGARDG THE STRATEGI OF THE GAY MOVEMENT, WHAT VAID WROTE THEN APPLI NOW:“WE N CHOOSE THIS MOMENT TO FOLLOW THE PATH OUR PRECSORS PAVED—OF PURSUG CREMENTAL LEGAL AND LEGISLATIVE REFORM, CREASG GAY AND LBIAN VISIBILY, PRSG FOR FAIR TREATMENT ALL ASPECTS OF LIFE. THIS WORK, OF SECURG AND BROANG CIVIL EQUALY, IS SELF A LIFETIME’S WORK, WHICH THERE IS ED VERY LTLE CHOICE; ALL OF WHO SUPPORT GAY RIGHTS MT ENGAGE . BUT WE DO HAVE THE CHOICE OF REACHG BEYOND THE CIVIL RIGHTS AMEWORK OF MASTREAM TEGRATN, AND BEYOND THE PARTIAL EQUALY THAT LIVERS, TO IMAGE AND CREATE A DIFFERENT MOVEMENT WHOSE GOAL IS GENUE SOCIAL CHANGE.” VAID GO ON TO ASK, “HOW DO A EEDOM-BASED MOVEMENT DIFFER OM A RIGHTS-BASED MOVEMENT?”IN 2006, AS THE “MARRIAGE EQUALY” MOVEMENT WAS GAG STEAM WH THE LGBT ACTIVIST MUNY, DOZENS OF PROMENT GAY, LBIAN, BISEXUAL AND TRANSGENR ACTIVISTS SIGNED A STATEMENT LLED “BEYOND SAME SEX MARRIAGE” (PDF)—OUTLG AN AGENDA THAT WOULD EXPAND FAY POLICY AMERI TO CLU GAY UPL AS WELL AS OTHER “NON-TRADNAL FAI” RATHER THAN SIMPLY SHOE-HORNG GAY FOLKS TO THE EXISTG STCTUR (AND STRICTUR) OF HETERO-NORMATIVE MARRIAGE. CENS DATA WERE ALREADY SHOWG THAT THE MAJORY OF AMERIN FAI WERE NO LONGER FTG THE TRADNAL, NUCLEAR MOLD. TODAY, FOUR OUT OF FIVE FAI FALL OUTSI THAT DATED NSTCT. THE “BEYOND SAME SEX MARRIAGE” STATEMENT READ, “TO HAVE OUR ERNMENT FE AS “LEGIMATE FAI” ONLY THOSE HOEHOLDS WH UPL NJUGAL RELATNSHIPS DO A TREMENDO DISSERVICE TO THE MANY OTHER WAYS WHICH PEOPLE ACTUALLY NSTCT THEIR FAI, KSHIP WORKS, HOEHOLDS, AND RELATNSHIPS.” TO THE MASTREAM GAY-RIGHTS ACTIVISTS ASSURG THAT THEY REALLY JT WANTED TO STRENGTHEN NVENTNAL MARRIAGE, THIS LIBERATNIST WG HELD UP A DIFFERENT VISN—OF DISMANTLG CIVIL MARRIAGE AS WE KNOW TO MAKE ROOM FOR MORN FAY NEEDS. (AND LT THIS SEEM LIKE SUCH A RADIL AND UNTENABLE POLIL AGENDA, NSERVATIV SUCH AS GLENN BECK AND LIBERTARIANS LIKE RAND PL SUPPORT GETTG ERNMENT OUT OF THE MARRIAGE BS.) PERSONALLY, SPE THE GROUNDSWELL MOVEMENT AS WELL AS PRSURE OM MY MOM AND, NOW, EVEN MY FIVE-YEAR-OLD DGHTER, I’VE NEVER BEEN BIG ON MARRIAGE. SURE, I BELIEVE GAY FOLKS WHO WANT TO GET MARRIED WH THE CURRENT NF SHOULD OF URSE HAVE THAT RIGHT. BUT AS A LBIAN ACTIVIST, I ALWAYS THOUGHT I WAS FIGHTG FOR THE RIGHT TO BE DIFFERENT OM STRAIGHT FOLKS, NOT THE SAME—THAT THE QUT OF LIBERATN MEANT THAT I SHOULD HAVE EQUAL RIGHTS AND TREATMENT REGARDLS OF THOSE DIFFERENC, RATHER THAN ACCSG BASIC RIGHTS AND EQUALY ONLY IF I NFORMED TO A HETEROSEXUAL NORM. IN OTHER WORDS, MY FAY SHOULD BE REGNIZED AND RPECTED WHETHER MY PARTNER AND I GET MARRIED OR NOT. THAT, TO ME, IS THE SENCE OF THE SORT OF “EEDOM-BASED MOVEMENT” THAT VAID (WHOM, I SHOULD NOTE, IS ONE OF MY MOST IMPORTANT POLIL MENTORS AND IENDS) ENVISNED. NOW PERHAPS THE MORE TERTG QUTN AT THIS JUNCTURE IS WHETHER THE ATTAMENT OF HETERO-NORMATIVE RIGHTS LEADS TO HOMO-LIBERATN AND SOCIAL JTICE MORE BROADLY. ON THE ONE HAND, ENDG BANS ON GAY FOLKS THE ARY IS ARGUABLY A FORM OF -OPTATN THAT SERV TO RERCE A ARY-POLICE DTRIAL PLEX THAT HAS HISTORILLY BEEN HOSTILE TOWARD “VIANT” SEXUALY AS OTHER FORMS OF DIFFERENCE, AS EVINT WH RAMPANT STOP-AND-ISK PRACTIC AGAST MUNI OF LOR TODAY. ON THE OTHER HAND, DO THE LOVABLE MASTREAM ELLEN DEGENER BEG ON TELEVISN MAKE POSSIBLE FOR THE TRANS ACTRS LAVERNE COX TO BE ON TELEVISN? ARGUABLY. AND ARGUABLY BOTH MAKE EASIER FOR LGBT FOLKS ACROSS THE UNTRY AND AROUND THE WORLD TO EXPRS THEIR INTI AND THEIR SIR. BUT MORE BROADLY, AT THE SAME TIME THAT LGBT CIVIL RIGHTS HAD S BANNER YEAR AMERI, ENOMIC EQUALY REACHED RERD HIGHS, THE SUPREME COURT GUTTED VOTG RIGHTS AND THREW AFFIRMATIVE ACTN TO QUTN, AND DOZENS OF STATE AND FERAL LAWS WERE PHED TO RTRICT WOMEN’S REPRODUCTIVE EEDOM. IN THIS SENSE, WOULD APPEAR THAT THE RISG TI OF LGBT EQUALY IS NOT LIFTG THE ENTIRE BOAT OF JTICE. THAT SHOULD GIVE ALL PSE. I DON’T MEAN TO BE A PARTY POOPER. WE SHOULD CERTALY CELEBRATE THE GREAT LEAPS FORWARD FOR GAY RIGHTS 2013, MARRIAGE EQUALY BUT ALSO WH CULTURAL MARKERS AND PECIALLY POLLS SHOWG THAT THE PUBLIC IS BEG MORE ACCEPTG. BUT 2014, WE MT REVIS THE GUIDG PHILOSOPHY OF THE GAY MOVEMENT AND WHETHER OUR STRATEGI AND TACTICS ARE PURSUG LIBERATN FOR ALL—GAY AND STRAIGHT, BLACK WHE AND BROWN, WOMEN AND MEN AND TRANS—OR MERELY SOME. THIS BATE, MORE VIBRANT S PAST, IS URGENT NEED OF REVIVAL. IF 2013 WAS THE YEAR THAT AMERINS OF ALL STRIP AND SOCIAL MOVEMENTS JOED THE REENG BANDWAGON FOR GAY RIGHTS, MAY 2014 BE THE YEAR WHICH THE LGBT MOVEMENT RETURNS THE FAVOR WH A VISN OF LIBERATN FOR ALL. SALLY KOHN

GAY BASHG, TRANS SLAYGS, AND THE REASONS WHY LGBTQ PHILALPHIANS REMA WOEFULLY UNSAFE 2014

His sensibily as a gay artist has shaped and elevated the magaze’s athetic, but he has to keep his creativy check lt Mx be seen as a magaze for gay men.

But fish strong, as the nflict over Richie’s bathhoe project grows and Mx has to nsir whether ’s too risky for the magaze to speak to gay men, or even gay moments like this, the historil fictn feels not entirely historil.

WHAT’S NEXT FOR GAY RIGHTS 2014?YEAR AHEADTHE YEAR 2013 WAS A BANNER ONE FOR GAY MARRIAGE—BUT SOME LGBT ACTIVISTS ARE ASKG WHETHER THE MOVEMENT IS HEAD DOWN THE PATH TO TE EQUALY AND LIBERATN. SALLY KOHNUPDATED APR. 14, 2017 1:06PM EDT / PUBLISHED JAN. 01, 2014 5:45AM EST MAR TAMA/GETTY,MAR TAMA“ON ONE LEVEL, OUR MOVEMENT HAS BEEN A STAGGERG, IF NTROVERSIAL, SUCCS; YET ON ANOTHER LEVEL, GAY AND LBIAN PEOPLE REMA PROFOUNDLY STIGMATIZED, STGGLG AGAST THE SAME CRIS— HEALTH, VLENCE, DISCRIMATN AND SOCIAL SERVIC—THAT HAVE PLAGUED FOR S.”THE WORDS WERE WRTEN NOT 2013 BUT 1995, VIRTUAL EQUALY: THE MASTREAMG OF GAY AND LBIAN LIBERATN, A SEMAL TEXT BY PROMENT ACTIVIST AND TELLECTUAL URVASHI VAID. BUT THE WORDS RG TE TODAY. HERE WE ARE, ENDG WHAT SOME ARE LLG “THE GREATT YEAR GAY RIGHTS”—AND YEAH, ’S BEEN A BIG YEAR OM THE UNPRECENTED LEGAL BREAKTHROUGHS, PECIALLY MARRIAGE EQUALY, TO THE CULTURAL MARKERS OF MORE AND MORE CELEBRI AND SPORTS FIGUR G OUT OF THE CLOSET. AND YET ’S NOT JT THAT CLARG VICTORY THE CULTURE WAR, OR EVEN SKIRMISH, FEELS PREMATURE—AS THOUGH MIMIZG THE ENDURG AND FECT FLUENCE OF THE RIGHT-WG BACKLASH. EVEN MORE, WH 2013 OVER, WE SHOULD ASK WHETHER ALL THE ACHIEVEMENTS SO FAR—AND THE PATH ON WHICH THE LGBT MOVEMENT IS HEAD—ED ADD UP TO TE EQUALY AND LIBERATN. REGARDG THE STRATEGI OF THE GAY MOVEMENT, WHAT VAID WROTE THEN APPLI NOW:“WE N CHOOSE THIS MOMENT TO FOLLOW THE PATH OUR PRECSORS PAVED—OF PURSUG CREMENTAL LEGAL AND LEGISLATIVE REFORM, CREASG GAY AND LBIAN VISIBILY, PRSG FOR FAIR TREATMENT ALL ASPECTS OF LIFE. THIS WORK, OF SECURG AND BROANG CIVIL EQUALY, IS SELF A LIFETIME’S WORK, WHICH THERE IS ED VERY LTLE CHOICE; ALL OF WHO SUPPORT GAY RIGHTS MT ENGAGE . BUT WE DO HAVE THE CHOICE OF REACHG BEYOND THE CIVIL RIGHTS AMEWORK OF MASTREAM TEGRATN, AND BEYOND THE PARTIAL EQUALY THAT LIVERS, TO IMAGE AND CREATE A DIFFERENT MOVEMENT WHOSE GOAL IS GENUE SOCIAL CHANGE.” VAID GO ON TO ASK, “HOW DO A EEDOM-BASED MOVEMENT DIFFER OM A RIGHTS-BASED MOVEMENT?”IN 2006, AS THE “MARRIAGE EQUALY” MOVEMENT WAS GAG STEAM WH THE LGBT ACTIVIST MUNY, DOZENS OF PROMENT GAY, LBIAN, BISEXUAL AND TRANSGENR ACTIVISTS SIGNED A STATEMENT LLED “BEYOND SAME SEX MARRIAGE” (PDF)—OUTLG AN AGENDA THAT WOULD EXPAND FAY POLICY AMERI TO CLU GAY UPL AS WELL AS OTHER “NON-TRADNAL FAI” RATHER THAN SIMPLY SHOE-HORNG GAY FOLKS TO THE EXISTG STCTUR (AND STRICTUR) OF HETERO-NORMATIVE MARRIAGE. CENS DATA WERE ALREADY SHOWG THAT THE MAJORY OF AMERIN FAI WERE NO LONGER FTG THE TRADNAL, NUCLEAR MOLD. TODAY, FOUR OUT OF FIVE FAI FALL OUTSI THAT DATED NSTCT. THE “BEYOND SAME SEX MARRIAGE” STATEMENT READ, “TO HAVE OUR ERNMENT FE AS “LEGIMATE FAI” ONLY THOSE HOEHOLDS WH UPL NJUGAL RELATNSHIPS DO A TREMENDO DISSERVICE TO THE MANY OTHER WAYS WHICH PEOPLE ACTUALLY NSTCT THEIR FAI, KSHIP WORKS, HOEHOLDS, AND RELATNSHIPS.” TO THE MASTREAM GAY-RIGHTS ACTIVISTS ASSURG THAT THEY REALLY JT WANTED TO STRENGTHEN NVENTNAL MARRIAGE, THIS LIBERATNIST WG HELD UP A DIFFERENT VISN—OF DISMANTLG CIVIL MARRIAGE AS WE KNOW TO MAKE ROOM FOR MORN FAY NEEDS. (AND LT THIS SEEM LIKE SUCH A RADIL AND UNTENABLE POLIL AGENDA, NSERVATIV SUCH AS GLENN BECK AND LIBERTARIANS LIKE RAND PL SUPPORT GETTG ERNMENT OUT OF THE MARRIAGE BS.) PERSONALLY, SPE THE GROUNDSWELL MOVEMENT AS WELL AS PRSURE OM MY MOM AND, NOW, EVEN MY FIVE-YEAR-OLD DGHTER, I’VE NEVER BEEN BIG ON MARRIAGE. SURE, I BELIEVE GAY FOLKS WHO WANT TO GET MARRIED WH THE CURRENT NF SHOULD OF URSE HAVE THAT RIGHT. BUT AS A LBIAN ACTIVIST, I ALWAYS THOUGHT I WAS FIGHTG FOR THE RIGHT TO BE DIFFERENT OM STRAIGHT FOLKS, NOT THE SAME—THAT THE QUT OF LIBERATN MEANT THAT I SHOULD HAVE EQUAL RIGHTS AND TREATMENT REGARDLS OF THOSE DIFFERENC, RATHER THAN ACCSG BASIC RIGHTS AND EQUALY ONLY IF I NFORMED TO A HETEROSEXUAL NORM. IN OTHER WORDS, MY FAY SHOULD BE REGNIZED AND RPECTED WHETHER MY PARTNER AND I GET MARRIED OR NOT. THAT, TO ME, IS THE SENCE OF THE SORT OF “EEDOM-BASED MOVEMENT” THAT VAID (WHOM, I SHOULD NOTE, IS ONE OF MY MOST IMPORTANT POLIL MENTORS AND IENDS) ENVISNED. NOW PERHAPS THE MORE TERTG QUTN AT THIS JUNCTURE IS WHETHER THE ATTAMENT OF HETERO-NORMATIVE RIGHTS LEADS TO HOMO-LIBERATN AND SOCIAL JTICE MORE BROADLY. ON THE ONE HAND, ENDG BANS ON GAY FOLKS THE ARY IS ARGUABLY A FORM OF -OPTATN THAT SERV TO RERCE A ARY-POLICE DTRIAL PLEX THAT HAS HISTORILLY BEEN HOSTILE TOWARD “VIANT” SEXUALY AS OTHER FORMS OF DIFFERENCE, AS EVINT WH RAMPANT STOP-AND-ISK PRACTIC AGAST MUNI OF LOR TODAY. ON THE OTHER HAND, DO THE LOVABLE MASTREAM ELLEN DEGENER BEG ON TELEVISN MAKE POSSIBLE FOR THE TRANS ACTRS LAVERNE COX TO BE ON TELEVISN? ARGUABLY. AND ARGUABLY BOTH MAKE EASIER FOR LGBT FOLKS ACROSS THE UNTRY AND AROUND THE WORLD TO EXPRS THEIR INTI AND THEIR SIR. BUT MORE BROADLY, AT THE SAME TIME THAT LGBT CIVIL RIGHTS HAD S BANNER YEAR AMERI, ENOMIC EQUALY REACHED RERD HIGHS, THE SUPREME COURT GUTTED VOTG RIGHTS AND THREW AFFIRMATIVE ACTN TO QUTN, AND DOZENS OF STATE AND FERAL LAWS WERE PHED TO RTRICT WOMEN’S REPRODUCTIVE EEDOM. IN THIS SENSE, WOULD APPEAR THAT THE RISG TI OF LGBT EQUALY IS NOT LIFTG THE ENTIRE BOAT OF JTICE. THAT SHOULD GIVE ALL PSE. I DON’T MEAN TO BE A PARTY POOPER. WE SHOULD CERTALY CELEBRATE THE GREAT LEAPS FORWARD FOR GAY RIGHTS 2013, MARRIAGE EQUALY BUT ALSO WH CULTURAL MARKERS AND PECIALLY POLLS SHOWG THAT THE PUBLIC IS BEG MORE ACCEPTG. BUT 2014, WE MT REVIS THE GUIDG PHILOSOPHY OF THE GAY MOVEMENT AND WHETHER OUR STRATEGI AND TACTICS ARE PURSUG LIBERATN FOR ALL—GAY AND STRAIGHT, BLACK WHE AND BROWN, WOMEN AND MEN AND TRANS—OR MERELY SOME. THIS BATE, MORE VIBRANT S PAST, IS URGENT NEED OF REVIVAL. IF 2013 WAS THE YEAR THAT AMERINS OF ALL STRIP AND SOCIAL MOVEMENTS JOED THE REENG BANDWAGON FOR GAY RIGHTS, MAY 2014 BE THE YEAR WHICH THE LGBT MOVEMENT RETURNS THE FAVOR WH A VISN OF LIBERATN FOR ALL. SALLY KOHN

On September 11, 2014, an alleged “gay bashg” of a Philalphia uple sent shockwav through our muny;[3] the echo of which rippled through social media s and the Inter, generally.

The District Attorney’s Office has approved arrt warrants nnectn wh the asslt of a gay uple on the 1600 block of Chancellor Street Philalphia on September 11, 2014. The alleged perpetrators are acced of btally beatg the Philalphia uple, while llg them “dirty fags” among other gay slurs.

[10] Addnally, the social media profil of the acced nta circumstantial evince supportg the allegatn that their actns, if nvicted, were motivated by anti-gay anim; namely, one of the acced’s Twter profil ntaed hashtags of hate speech.

Current Pennsylvania hate crime legislatn do not apply to gay bashgs; do not protect victims targeted due to sexual orientatn or genr. The September 2014 gay bashg was hardly the first time that Philalphian LGBTQ dividuals have been targeted— by virtue of genr or sexual orientatn— and suffered the gravt persecutn.

Certaly, her slayg did not elic the moral outrage that the gay bashg did.

The verage, reactn, and law enforcement rponse uld not have been more different than that of the gay bashg. Why do there exist such a dispary between how the slaygs of Philalphian transwomen are vtigated, reported on, and prosecuted pared to the September 2014 gay bashg?

In 2014, The Natnal Coaln of Anti-Vlence Programs released their report on “hate vlence” perpetrated agast lbian, gay, bisexual, transgenr, queer, and HIV-affected Amerins 2013.

As a rult, neher the btal gay bashg nor the sensels slghter of Diamond Williams, both seemgly motivated solely by bigotry and ignorance, are wh the reach of the feral statute.