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National legislation changes hate crime, gay marriage laws

Posted on 11.11.2009

By Manny Casillas | Editorial Assistant

The battle for equality pertaining to the gay and lesbian, bisexual, transgender community met two milestones in the last two weeks. One was a major victory, the other a bitter setback.

On Wednesday, Oct. 29, President Barack Obama signed into law the Matthew Shepard-James Byrd Jr. Hate Crimes Prevention Act, which will be attached to existing federal hate crime laws. The law now adds sexual orientation and identity as statuses protected under hate crime laws, making it a federal offense to assault an individual because of his or her sexual orientation or identity. The bill was attached to a $680 billion defense authorization bill.

“I’m very excited,” said Rico Ewing, co-president of UIndy Pride, the university’s gay/straight alliance. “I think it’s a huge step toward civil liberties in this country.”

Pride co-president Kayla Warren expressed similar sentiments.

“I think it’s awesome, I think it’s a step in the right direction,” she said. “Not only for the homosexual community, but for the entire country itself. It just shows that we’re moving forward, learning the every human being has rights.”

Matthew Shepard was a homosexual teenager from Wyoming who was kidnapped and beaten to death in October 1998. The event inspired the play “The Laramie Project,” and his parents, Judy and Dennis Shepard, have spent the decade since then fighting to have the Matthew Shepard Act enacted. Judy Shepard has also spoken at numerous events at colleges across the country, even appearing at UIndy back in March 2007.

James Byrd Jr., whom the act is also named for, was an African-American man in Texas who was tied to a truck and dragged to his death the same year as Shepard’s death.

“It’s a good step for equality, especially for the LGBT community,” said Christopher Jackson, president of the UIndy College Democrats. “Hopefully, this will prevent further attacks on people based on sexual orientation.”

Then on Nov. 2, as the country was holding elections for mayors and governors, Maine voters rejected a law legalizing same-sex marriage in that state, after Maine’s Gov. John Baldacci signed a bill making it legal. The referendum, known as Proposition 1, marked the first time a gay marriage law was rejected by voters after a legislative enactment. In California, voters rejected a gay marriage law initiated by a judicial decision.

“It’s rather unfortunate,” said UIndy student Joe Boehnlein. “I have a problem thinking it’s hate-motivated, but it’s unfortunate it happened.”

The Pride was equally as dismayed and disappointed by the vote, but also see reason to still hope for the best.

“On the plus side, at least it went through in the first place, so obviously there’s a trend to recognize same-sex marriage,” Ewing said.

Currently, same-sex marriage is legal in the states of Iowa, Vermont, Connecticut and Massachusetts. New York, Rhode Island and Washington D.C. are in the midst of weighing legislation to legalize gay marriage in their own states. This gives people like Boehnlein some optimism.

“As far as the equality movement, it’s not over,” he said.

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