Monday, October 12, 2015

In Honor of Matthew Shepard




It is LGBT History Month and today in LGBT marks the anniversary of the death of Matthew Shepard from injuries sustained in an attack six days earlier. Shepard’s death was a hate crime and brought to light hate crimes in America and even caused the creation of hate crime laws. So I thought it would be a good idea to honor him today with a little look back at the tragedy.

It was on the night of October 6, 1998 outside of Laramie, Wyoming that Shepard was beaten and tortured by Aaron McKinney and Russell Henderson. They lured him out to a rural area and pistol whipped and tortured him and tied to a fence and left him for dead. McKinney and Henderson were not drunk or on drugs that night and after they left Matthew for dead they returned to town and picked a fight with two Hispanic youths. Matthew was beaten so badly that his face was so covered in blood that that the only clean spots were those that had be cleaned by his tears. When he was found he was in a coma and was died six days later on October 12, 1998. McKinney stated in an interview that Henderson pretended to be gay to lure Matthew into his car with the intent to rob him and McKinney attacked him after he put his hand on his knee, McKinney stated to a detective that his violence was triggered by his feelings toward gays.

Henderson pleaded guilty to murder and kidnapping and in order to avoid the death penalty agreed to testify against McKinney. He received two life sentences. During McKinney’s trial it was argued that it was greed and violence that prompted the killing not Matthew’s sexual orientation, they even argued the gay panic defense stating that he was driven to temporary insanity by Matthew’s advances towards him. McKinney was found guilty of felony murder and after a deal was brokered was sentenced to two consecutive life terms.

This horrific murder brought to light the need for hate crimes laws in America. When Matthew was killed under federal and Wyoming state law crimes committed based on sexual orientation were not prosecutable as hate crimes. A bill was first attempted in Wyoming House and it failed in a 30-30 tie. Bill Clinton attempted to extend federal hate crime legislation to include homosexuals and the US House rejected the efforts in 1999. In September of 2000 Congress passed legislation, but it was stripped out in conference committee. In March of 2007 the Matthew Shepard Act (H. R. 1592) was introduced to Congress, the bill passed however then President George W. Bush said he would veto the legislation if it reached his desk. In December 2007 a bipartisan hate crimes legislation was attached to a DOD bill, but it failed to pass. Nancy Pelosi was still committed to getting the Matthew Shepard Act passed, she did not succeed. When Barack Obama was elected he was committed to get the act passed. Finally on October 22, 2009, more than 10 years after his death the Senate passed the act with a vote of 68-29, President Obama signed the Act into law on October 28, 2009.

As much of a victory the passing of this act is the fact that it took over 10 years from Matthew’s death for it to pass was a real tragedy. To believe that it had passed back in 2007 and couldn’t be signed into law because of the bias of one man makes me sad. It did however pass and has left a legacy on the USA.

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