* Staff Writer, Boston College Third World Law Journal (1999–2000). I dedicate this book review to the memories of Brandon Teena and Matthew Shepard; two men, too courageous for our time, whom we lost too soon. I extend a special thank you to Shereen D’Souza at the National Gay and Lesbian Task Force for her timely and enthusiastic research assistance.
1 Martin Duberman, Stonewall 198, 203 (1993).
2 See id. at xvii, 190–92. The Stonewall Inn was a gay bar on Christopher Street in New York’s Greenwich Village. See id. at 181. New York police raided the Stonewall and arrested a sample of its patrons about once a month. See id. at 193. On the night of the riots, the patrons, drag queens and butch lesbians in particular, fought back against the police, locking the police in the bar for a time, damaging police cars, and pushing back lines of armed state troopers. See id. at 196–98, 200–01. A general state of unrest descended upon the area surrounding Christopher Street, and riots erupted during the five days following the raid. See id. at 205, 207–09. Out of the unrest came a self-realization of gay and lesbian mistreatment and solidarity, as well as the first organized attempts to create a gay political movement. See id. at xvii, 212.
3 See id. at xvii.
4 See id. at xviii. The first parade to commemorate Stonewall took place on June 28, 1970, and was named the “Christopher Street Liberation Day Parade.” See id. at xviii, 262, 271–72; Urvashi Vaid, Virtual Equality 198 (1995).
5 See Elvia R. Arriola, Law and the Gendered Politics of Identity: Who Owns the Label “Lesbian”?, 8 Hastings Women’s L.J. 1, 27 (1997); see also Duberman, supra note 1, at 203 (discussing the drag queen “girls” of Stonewall).
6 See generally Hasan Shafiqullah, Shape-Shifters, Masqueraders, & Subversives: An Argument for the Liberation of Transgendered Individuals, 8 Hastings Women’s L.J. 195 (1997) (discussing the medical, scientific, legal, and theoretical definitions of transgenderism). I use “transgender” as an umbrella term to encompass cross-dressers, transvestites, androgyns, intersexuals, transsexuals, and those who combine elements of masculine and feminine gender roles. See id. at 197.
7 See generally Arriola, supra note 5 (discussing gender oppression as a fundamental connection between gay and transgendered individuals). I use “gays” as shorthand for gays/lesbians/bisexuals, but not for transgenders. See id. at 29 (urging the introduction and examination of resistance to the topic of transgenderism as a means to re-examine notions of respect for difference and diversity). I do this not to imply that transgenders are not included in the gay movement, but rather to facilitate my discussion of hate crimes against them as compared to hate crimes against gays. See id. In the hate crimes context, statistics on crimes based on gender transgression may be conflated with crimes based on sexual orientation. See Lisa Meyer, The Hidden Hate Epidemic, Advoc., May 25, 1999, at 63. However, when transgender crimes are reported or understood as gay crimes, grave injustice results, both legally and personally, to individuals who are victimized because of their transgendered identity and to the transgender population as a whole. See id. at 63.
8 See Duberman, supra note 1, at 196–97, 203; Arriola, supra note 5, at 26–27.
9 See generally Elvia R. Arriola, Faeries, Marimachas, Queens, and Lezzies: The Construction of Homosexuality Before the 1969 Stonewall Riots, 5 Colum. J. Gender & L. 33 (1995) (discussing the erasure of drag queens and other gender nonconformists in gay history). The gay movement struggles internally with whether or not to incorporate transgender issues into its agenda. See Mubarak Dahir, Whose Movement Is It?, Advoc., May 25, 1999, at 50, 52; see also Vaid, supra note 4, at 3, 59 (discussing the marginalization that transgenders felt early in the gay movement, and the recent efforts made to redefine the movement so as to include them).
10 See Eric Brandt, Introduction: Offering a Platform for Dialogue in Dangerous Liaisons: Blacks, Gays, and the Struggle for Equality 1, 3–4 (Eric Brandt ed., 1999) [hereinafter Dangerous Liaisons].
11 See id. at 1, 4, 11 n.1. Brandt uses “gays” as shorthand for lesbian, gay, bisexual, and transgendered individuals.
12 See id. at 4.
13 See id.
14 See Brandt, supra note 10, at 1, 4, 11 n.1.
15 See Duberman, supra note 1, at 194–203; see also supra notes 2–5 and accompanying text.
16 See Brandt, supra note 10, at 4; see also Duberman, supra note 1, at 194–203.
17 See generally Dangerous Liaisons, supra note 10.
18 See generally Patricia A. Cain, Stories from the Gender Garden: Transsexuals and Anti-Discrimination Law, 75 Denv. U. L. Rev. 1321, 1324–25 (1998).
19 See generally S. 622, 106th Cong. (1999); H.R. 1082, 106th Cong. (1999).
20 See Congress Track (visited May 17, 2000) <http://www.vote-smart.org/>.
21 See S. 622 § 4; H.R. 1082 § 4.
22 See S. 622 § 4; H.R. 1082 § 4.
23 See infra notes 178–182.
24 See Francisco Valdes, Unpacking Hetero-Patriarchy: Tracing the Conflation of Sex, Gender and Sexual Orientation to Its Origins, 8 Yale J.L. & Human. 161, 166–68 (1996); Cain, supra note 18, at 1323; Shafiqullah, supra note 6, at 196–98; see generally Julia A. Greenberg, Defining Male and Female: Intersexuality and the Collision Between Law and Biology, 41 Ariz. L. Rev. 265 (1999).
25 See generally Greenberg, supra note 24;
26 See Cain, supra note 18, at 1323; Shafiqullah, supra note 6, at 196–98; Francisco Valdes, supra note 24, at 166–68.; infra notes 129–52. See generally Greenberg, supra note 24.
27 See generally Andrew M. Gilbert & Eric D. Marchand, Note, Splitting the Atom or Splitting Hairs—The Hate Crimes Prevention Act of 1999, 30 St. Mary’s L.J. 931 (1999); infra notes 167–208.
28 See Greenberg, supra note 24, at 271 (noting that the biological aspect of one’s body that determines one’s sex is neither legally nor medically clear). Chromosomes and anatomy may be incongruent at birth, and sex is generally assigned by the birth attendant based on the external genitalia. See id. at 272. In cases where genitalia is ambiguous, sex may be assigned by surgery that creates the appearance of male or female anatomy. See id. In this Book Review, I will refer to sex as “anatomical sex,” since, regardless of other biological elements (i.e., chromosomes), anatomy is either the general indicator at birth, or it is surgically altered so as to be the general indicator during life. See id. at 271–73. For an excellent discussion of this issue—in particular, the ways that the medical and legal resolution of an individual’s incongruent genitalia and chromosomes suggest that sex may be more social construct than predetermined fact—see Greenberg, supra note 24, at 271–73. See also Shafiqullah, supra note 6, at 211–14.
29 See Cain, supra note 18, at 1332–33; Greenberg, supra note 24, at 271, 274; Shafiqullah, supra note 6, at 196; Valdes, supra note 24, at 164–66.
30 See Cain, supra note 18, at 1332–33; Greenberg, supra note 24, at 275; Shafiqullah, supra note 6, at 196; Valdes, supra note 24, at 164–66.
31 See Cain, supra note 18, at 1332–33; Greenberg, supra note 24, at 275; Shafiqullah, supra note 6, at 196; Valdes, supra note 24, at 164–66.
32 See Cain, supra note 18, at 1332–33; Greenberg, supra note 24, at 275; Shafiqullah, supra note 6, at 196; Valdes, supra note 24, at 164–66.
33 Greenberg, supra note 24, at 275.
34 See id.
35 See id. at 274–75; see also Valdes, supra note 24, at 164–66.
36 See Greenberg, supra note 24, at 275.
37 See id.
38 See generally id.
39 See Mary Coombs, Sexual Dis-Orientation: Transgendered People and Same-Sex Marriage, 8 UCLA Women’s L.J. 219, 237 (1998).
40 See id. at 237–44. An individual’s gender orientation is the gender that the individual identifies as their gender, regardless of anatomy or biology. See id.
41 See id. at 238 (arguing that while males and females are different, “opposite sex” connotes a bipolar categorical that seems to ignore the variability between males and females and between men and women); see also supra text accompanying note 28.
42 See Greenberg, supra note 24, at 271, 275, 289–90.
43 See Coombs, supra note 39, at 239–40; Shafiqullah, supra note 6, at 196. Cross-dressers and transvestites are examples of individuals who exhibit gender behaviors that are outside the scope of their gender orientation. See Coombs, supra note 39, at 239–40; Shafiqullah, supra note 6, at 196. Cross-dressers are either men who dress in women’s clothing or women who dress in men’s clothing, without erotic overtones. See Coombs, supra note 39, at 239–40; Shafiqullah, supra note 6, at 196. In comparison, transvestites are generally heterosexual men who have an episodic desire to wear women’s clothes and find women’s clothing sexually arousing. See Coombs, supra note 39, at 239–40; Shafiqullah, supra note 6, at 196.
44 See Coombs, supra note 39, at 239–40, Shafiqullah, supra note 6, at 196. Androgynes and intersexuals are individuals who are physically gender ambiguous. See Shafiqullah, supra note 6, at 196. An Adam’s apple is an example of an exterior physical trait that we commonly rely on as indicative of sex and gender. See id. Androgynes have gender ambiguous physiques, and therefore may not appear clearly male or female. See id. Genitalia is another example of physical characteristics that we rely on to discern, and, indeed, to assign male or female gender. See Coombs, supra note 39, at 239–40; Shafiqullah, supra note 6, at 196–97. Intersexed individuals, or intersexuals (traditionally known as hermaphrodites), have the sexual characteristics of both sexes. See Coombs, supra note 39, at 239–40; Shafiqullah, supra note 6, at 196–97.
Perhaps the most common examples of transgendered individuals are transsexuals. See Coombs, supra note 39, at 238. Transsexuals experience their gender as the opposite of their biological sex, and sometimes seek sex reassignment surgery in their effort align the two. See Coombs, supra note 39, at 238; Shafiqullah, supra note 6, at 196; see also Cain, supra note 18, at 1334.
Shafiqullah describes the use of the term “gender-fuck” to describe mixing and matching elements of gender roles. See Shafiqullah, supra note 6, at 197 n.15.
45 See Coombs, supra note 39, at 237–42; Valdes, supra note 24, at 167–69.
46 See Coombs, supra note 39, at 239; Valdes, supra note 24, at 169.
47 See Coombs, supra note 39, at 239; Valdes, supra note 24, at 169.
48 See Valdes, supra note 24, at 167.
49 See id. at 166–69.
50 See Coombs, supra note 39, at 237–42; see generally Shafiqullah, supra note 6.
51 See Coombs, supra note 39, at 237–42; see generally Shafiqullah, supra note 6.
52 See Coombs, supra note 39, at 237–42; see generally Shafiqullah, supra note 6.
53 See Coombs, supra note 39, at 237–42; see generally Shafiqullah, supra note 6.
54 See Meyer, supra note 7, at 62; Civil Rights (visited May 17, 2000) <http://209.207. 129.4/crlibrary/issues/hate_crimes/statistics/table1.html>.
55 See Rogers Worthington, Deadly Deception: Teena Brandon’s Double Life May Have Led to a Triple Murder, Chi. Trib., Jan. 17, 1994, at C1.
56 See Steven K. Paulson, McKinney Describes Shepard Beating, Associated Press, Oct. 29, 1999, available in 1999 WL 28133595; JoAnn Wypijewski, A Boy’s Life: For Matthew Shepard’s Killers, What Does it Take to Pass As a Man?, Harper’s Mag., Sept. 1999, at 61.
57 See Paulson, supra note 56; Wypijewski, supra note 56, at 61, 63.
58 See Paulson, supra note 56.
59 See id.
60 See id.; Wypijewski, supra note 56, at 61–63.
61 See Meyer, supra note 7, at 61; Paulson, supra note 56; Wypijewski, supra note 56, at 61–63.
62 See Meyer, supra note 7, at 61; Wypijewski, supra note 56, at 61.
63 See Paulson, supra note 56.
64 See Meyer, supra note 7, at 63; Paulson, supra note 56.
65 See Gilbert & Marchand, supra note 27, at 932; Meyer, supra note 7, at 61.
66 See Meyer, supra note 7, at 61; Wypijewski, supra note 56, at 61–62.
67 See Meyer, supra note 7, at 62.
68 See Paulson, supra note 56; see generally Maureen Harrington, Wyoming Judge May Bar “Gay Panic” Defense, Reuters Eng. News Serv., Oct. 27, 1999.
69 See Paulson, supra note 56; Harrington, supra note 68.
70 See Harrington, supra note 68.
71 Out of respect for Brandon’s self-identity, I will refer to Brandon as Brandon Teena, not Teena Rae Brandon (Brandon’s given name), and I will use male rather than female pronouns. See State v. Nissen, 560 N.W.2d 157, 165 (Neb. 1997); Worthington, supra note 55, at C1.
72 See Brandon v. Lotter, 976 F. Supp. 872, 873 (D. Neb. 1997), aff’d 157 F.3d 537 (8th Cir. 1998); see also Worthington, supra note 55.
73 See Lotter, 976 F. Supp. at 873–75; Nissen, 560 N.W.2d at 165–168.
74 See Lotter, 976 F. Supp. at 873–75; Nissen, 560 N.W.2d at 165–168.
75 I use the broad umbrella term “transgender” because I do not know what term Brandon used to identify himself, other than the fact that he rejected a lesbian identity. See Worthington, supra note 55 (statement by David Bolkovac, director of the Gay and Lesbian Resource Center at the University of Nebraska, who counseled Brandon in 1999, that “[Brandon] did not identify [himself] as a lesbian”).
76 See Worthington, supra note 55; see also Lotter, 976 F. Supp. at 873.
77 Worthington, supra note 55.
78 See id.; Lotter, 976 F. Supp. at 873.
79 See Worthington, supra note 55.
80 See id.
81 See id.
82 See id.
83 See id.
84 See Worthington, supra note 55.
85 See id.; see also State v. Nissen, 560 N.W.2d 157, 166 (Neb. 1997).
86 See Brandon v. Lotter, 976 F. Supp. 872, 873–74 (D. Neb. 1997), aff’d 157 F.3d 537 (8th Cir. 1998).
87 See id. at 874.
88 See id. at 873–76; see also Nissen, 560 N.W.2d at 165–68.
89 See Lotter, 976 F. Supp. at 874; Nissen, 560 N.W.2d at 166; see also Worthington, supra note 55.
90 See Nissen, 560 N.W.2d at 166.
91 See Lotter, 976 F. Supp. at 874; Nissen, 560 N.W.2d at 166; see also Worthington, supra note 55.
92 See Nissen, 560 N.W.2d at 166.
93 See id.; see also Worthington, supra note 55.
94 See Lotter, 976 F. Supp. at 874; Nissen, 560 N.W.2d at 166; Worthington, supra note 55.
95 See Nissen, 560 N.W.2d at 166.
96 See id. at 165; Brandon v. County of Richardson, 566 N.W.2d 776, 778 (Neb. 1997); Worthington, supra note 55; Lotter, 976 F. Supp. at 874.
97 See Brandon, 566 N.W.2d at 778; Lotter, 976 F. Supp. at 874.
98 Lotter, 976 F. Supp. at 874–75; Nissen, 560 N.W.2d at 165.
99 See Lotter, 976 F. Supp. at 874–75; Nissen, 560 N.W.2d at 165.
100 See Lotter, 976 F. Supp. at 874–75; Nissen, 560 N.W.2d at 165.
101 Brandon, 566 N.W.2d at 778–79; Lotter, 976 F. Supp. at 875; Nissen, 560 N.W.2d at 166.
102 Lotter, 976 F. Supp. at 875–76; Nissen, 560 N.W.2d at 167.
103 See Lotter, 976 F. Supp. at 873–74; Brandon, 566 N.W.2d at 776; Nissen, 560 N.W.2d at 157.
104 See Nissen, 560 N.W.2d at 165; Brandon, 566 N.W.2d at 776; Lotter, 976 F. Supp. 872.
105 See Brandon, 566 N.W.2d at 776; Lotter, 976 F. Supp. at 872; Nissen, 560 N.W.2d at 157; Worthington, supra note 55.
106 Hate on the Internet, 1999: Hearings on S.622 Before the Senate Comm. on the Judiciary, 106th Cong. (1999)(statement of Wade Henderson, Executive Director, Leadership Conference on Civil Rights), available in 1999 WL 27594382 (quoting a recent comment by Judy Shepard, Matthew Shepard’s mother) [hereinafter Henderson].
107 See Lotter, 976 F. Supp. at 874–75; Nissen, 560 N.W.2d at 166; Wypijewski, supra note 56, at 61–63.
108 See Wypijewski, supra note 56, at 62.
109 See id.
110 See Paulson, supra note 56.
111 See Brandon v. County of Richardson, 566 N.W.2d 776, 778–79 (Neb. 1997); Lotter, 976 F. Supp. at 874–76; Nissen, 560 N.W.2d at 165–66.
112 See Lotter, 976 F. Supp. at 874–75.
113 See House Testimony of Riki Anne Wilchins Concerning Hate Crimes, 1999: Hearings on H.R. 1082 Before the House Judiciary Comm., 106th Cong. (1999) (statement of Riki Anne Wilchins, Executive Director, The Gender Public Advocacy Coalition) (visited May 17, 2000) <http://www.gpac.org/hcpa99.house.html> [hereinafter Wilchins Testimony].
114 See Lotter, 976 F. Supp. at 875.
115 See Brandon, 566 N.W.2d at 778–79; Lotter, 976 F. Supp. at 875; Nissen, 560 N.W.2d at 166.
116 Brandon, 566 N.W.2d at 779; Lotter, 976 F. Supp. at 875; Nissen, 560 N.W.2d at 165–66.
117 Brandon, 566 N.W.2d at 778.
118 See Lotter, 976 F. Supp. at 875; Nissen, 560 N.W.2d at 166.
119 Brandon, 566 N.W.2d at 778; Lotter, 976 F. Supp. at 875.
120 See Brandon, 566 N.W.2d at 778–79; Lotter, 976 F. Supp. at 875; Nissen, 560 N.W.2d at 165–66.
121 See Brandon, 566 N.W.2d at 778–79.
122 Brandon, 566 N.W.2d at 778–79; Lotter, 976 F. Supp. at 876; Nissen, 560 N.W.2d at 166.
123 See Wypijewski, supra note 56, at 61–62; cf. Brandon, 566 N.W.2d at 778–79; Lotter, 976 F. Supp. at 874–76; Nissen, 560 N.W.2d at 165–66.
124 See Lotter, 976 F. Supp. at 874–75.
125 See Brandon, 566 N.W.2d at 778–79; Lotter, 976 F. Supp. at 874–76; Nissen, 560 N.W.2d at 165–66.
126 See Brandon, 566 N.W.2d at 778–79; Lotter, 976 F. Supp. at 876; Nissen, 560 N.W.2d at 166.
127 See Gilbert & Marchand, supra note 27, at 950 (defining hate crimes as crimes intended to send a message that members of certain groups are unwelcome).
128 See Meyer, supra note 7, at 61; Wypijewski, supra note 56, at 61–62.
129 See generally Lotter, 976 F. Supp. at 873–74.
130 See id. at 876; Wypijewski, supra note 56, at 61.
131 See Gilbert & Marchand, supra note 27, at 965 n.163 (stating that crimes against gays are often motivated by extreme hatred and result in gruesome, gratuitous mutilation); see also Lotter, 976 F. Supp. at 876 (two others were shot with Brandon, but Brandon was also stabbed).
132 See Gilbert & Marchand, supra note 27, at 950.
133 See infra notes 136–145.
134 See Lotter, 976 F. Supp. at 873–75; State v. Nissen, 560 N.W.2d 157. 165–168 (Neb. 1997); see also Meyer, supra note 7, at 61; Paulson, supra note 56.
135 See Lotter, 976 F. Supp. at 874; Nissen, 560 N.W.2d at 165; see also Paulson, supra note 56.
136 See supra notes 107–50.
137 See id.
138 I would be remiss in suggesting that Brandon’s murder went completely unnoticed. Both a documentary and a feature length movie were made in an attempt to remember his life, his courage, and his lesson. See The Brandon Teena Story (Zeitgeist Films 1998); Boys Don’t Cry (Fox Searchlight 1999).
139 See Meyer, supra note 7, at 61–62 (stating that “the recent wave of attention to hate crimes has not included the transgendered”).
140 See Gilbert & Marchand, supra note 27, at 953–59 (providing a general overview of the historical development of categories of protected individuals in federal legislation addressing hate crimes).
141 S. 622, 106th Cong. § 4 (1999); H.R. 1082, 106th Cong. § 4 (1999).
142 S. 622 § 4; H.R. 1082 § 4.
143 See Dahir, supra note 9, at 50, 56; see also Meyer, supra note 7, at 62–63.
144 See S. 622, 106th Cong. § 4 (1999); H.R. 1082, 106th Cong. § 4 (1999); infra notes 147–60; supra notes 71–126.
145 See Civil Rights Act of 1968, Pub. L. No. 90–284, 82 Stat. 73 (1968) (codified in part at 18 U.S.C. § 245 (Supp. 1998)); Gilbert & Marchand, supra note 27, at 953.
146 See Gilbert & Marchand, supra note 27, at 952.
147 See S. Rep. No. 90–721 (1967), reprinted in 1968 U.S.C.C.A.N. 1837, 1838–39 (1968)(detailing Congress’ findings and purposes in enacting the Civil Rights Act of 1968).
148 See 18 U.S.C. § 245(b)(2).
149 See generally Duberman, supra note 1.
150 See id.; see generally 18 U.S.C. § 245(b)(2).
151 See Gilbert & Marchand, supra note 27, at 955–59.
152 See Hate Crimes Statistics Act, Pub. L. No. 101–275, 104 Stat. 140 (codified at 28 U.S.C. § 534 note (Supp. 1998)).
153 See id.; see also Gilbert & Marchand, supra note 27, at 955, 957.
154 See Gilbert & Marchand, supra note 27, at 955.
155 See id. at 955–57.
156 See id.
157 See id. at 956; National Gay and Lesbian Task Force, Hate Crimes Prevention Act Passes Senate!: Fate Rests With House-Senate Conference Committee (July 23, 1999) (unpublished manuscript, on file with the National Gay and Lesbian Task Force) [hereinafter HCPA Passes Senate].
158 See Hate Crime Statistics Act, Pub. L. No. 101–275, 104 Stat. 140.
159 See generally S. 622, 106th Cong. (1999); H.R. 1082, 106th Cong. (1999).
160 See S. 1529, 105th Cong. (1997); H.R. 3081 105th Cong. (1997); 144 Cong. Rec. S12,643–01(1998)(discussing co-sponsorship of S. 1529). Both bills died in committee at the end of the 1998 session. Search of Westlaw, US-BILLTRK & CONG-BILLTXT105 databases (May 17, 2000); see also Gilbert & Marchand, supra note 27, at 972.
161 See S. 622 § 4; H.R. 1082 § 4.
162 See Meyer, supra note 7, at 63.
163 See Wilchins Testimony, supra note 113.
164 See id.
165 See Dahir, supra note 9, at 56.
166 See infra note 173 and accompanying text.
167 See HCPA Passes Senate, supra note 157. The HCPA was passed by the Senate on July 22, 1999, as an amendment to the Commerce-State-Justice (C-S-J) Appropriations Bill. See id. Since the House of Representatives did not include the HCPA in its version of the C-S-J Appropriations Bill, it was left to the House-Senate Conference committee to keep the HCPA language in the final version of the C-S-J appropriations bill. See id. However, the actual or perceived sexual orientation, gender, and disability provisions did not make it out of committee and onto the final appropriations bill. See Alan Fram, Lawmakers Drop Hate-Crimes Bill, Associated Press, Oct. 18, 1999, available in WL 28129594. Furthermore, President Clinton is expected to veto the bill, and it is uncertain whether an effort will be made to reintroduce the provisions during this congressional term. See id.
168 See infra notes 171–74.
169 See 145 Cong. Rec. S2,730–01(1999) (statement of Senator Edward Kennedy) [hereinafter Kennedy].
170 See id.
171 See 145 Cong. Rec. S2,730–01(1999) (statement of Senator Patrick Leahy) [hereinafter Leahy]; see also Hate Crime, 1999: Hearings on H.R. 1082 Before the House Comm. on the Judiciary, 106th Cong. (1999) (statement of Eric H. Holder, Jr., Deputy Attorney General), available in 1999 WL 20011032 (discussing gender provisions in relation to “acts of violence committed against women”) [hereinafter Holder]; Hate Crime, 1999: Hearings on H.R. 1082 Before the House Comm. on the Judiciary, 106th Cong. (1999) (statement of Frederick M. Lawrence, Professor of Law, Boston University), available in 1999 WL 20011041 (discussing “gender-motivated” crimes as certain crimes in which the “perpetrator is man and the victim is a woman”) [hereinafter Lawrence].
172 See 145 Cong. Rec. S2,730–01, S2,732 (1999) (statement of Senator Ron Wyden) [hereinafter Wyden].
173 See id.
174 See Meyer, supra note 7, at 62.
175 See id.
176See Riki Anne Wilchins, Brandon Teena Vigil (last modified July 28, 1999) <http:// www.ftm-intl.org/Hist/Bran/stmnt.riki.html>.
177 See Meyer, supra note 7, at 63.
178 See Riki Anne Wilchins, Editorial from GenderPAC’s Executive Director (visited May 17, 2000) <http://www.gpac.org/iyf/html/iyf144.html> [hereinafter Wilchins Editorial].
179 See Meyer, supra note 7, at 62 (quoting statistics from the National Coalition of Anti-Violence Programs).
180 See id.
181 See id. at 63. Although authorities may assume that a transgendered individual is gay, it does not necessarily follow that the perpetrator of the crime was motivated by a similar belief and that the victim would then be protected under sexual orientation provisions. See Wilchins Testimony, supra note 113. In fact, the problem in such a scenario is that the crime is ignorantly classified and prosecuted as a crime based on sexual orientation, when in fact it was motivated by the victim’s transgenderism. See Meyer, supra note 7, at 62–63. If the HCPA were interpreted to cover crimes based on a victim’s transgenderism, it could help prevent the miscategorizations of these crimes because it would allow for funding to train local law enforcement officers in investigating and prosecuting these crimes. See HCPA Passes Senate, supra note 157.
182 See Brandon v. Lotter, 976 F. Supp. 872, 875 (D. Neb. 1997), aff’d 157 F.3d 537 (8th Cir. 1998) (reciting Brandon’s refusal to cooperate with local authorities after an abusive initial interview with them); Meyer, supra note 7, at 63.
183 HCPA Passes Senate, supra note 157.
184 See Meyer, supra note 7, at 62.
185 See id. at 62–63.
186 See National Gay and Lesbian Task Force Legislative Update, Hate Crimes Laws in the United States (Apr. 2000) <http://www.ngltf.org/downloads/hatemap0400.pdf>. The California and Minnesota laws expressly include gender identity, while the Missouri law includes gender identity through the definition of its sexual orientation provision. See National Gay and Lesbian Task Force Legislative Update, State Organizing Pays Off: Hate Crimes, Civil Rights, Family Issues Move Ahead; Many Hostile Bills Defeated, (June 2, 1999) (visited Apr. 13, 2000) <http://www.ngltf.org/legupdate99/legup060299.html>; National Gay and Lesbian Task Force Legislative Update, Hate Crimes, Domestic Partnership Bills Move Forward in 1999; Transgendered Community Makes Gains as Number Of Hate Crimes States Inclusive of Gender Identity Doubles, (July 15, 1999) (visited Apr. 13, 2000) <http://www.ngltf. org/legupdate99/legup071599.html>.
187 See S. 622, 106th Cong. § 4 (1999); H.R. 1082, 106th Cong. § 4 (1999); Meyer, supra note 7, at 62 (stating reported attacks against transgendered individuals increased by 49% in 1998).
188 See supra notes Part II.B.
189 See Dahir, supra note 9, at 56; Meyer, supra note 7, at 62–63; supra notes Part II.B.
190 Henderson, supra note 106; see also Holder, supra note 172; Kennedy, supra note 169; Lawrence, supra note 171; Leahy, supra note 171; Wyden, supra note 172; HCPA Passes Senate, supra note 157 (stating that “between 1996 and 1997 there was an 83% increase in violence occurring in precincts and jails [by police officers in those precincts] and 21% increase in the number of victims who refused to report violence to the police”).
191 See generally Brandon v. County of Richardson, 566 N.W.2d 776 (Neb. 1997); Meyer, supra note 7, at 63; see also HCPA Passes Senate, supra note 157.
192 See HCPA Passes Senate, supra note 157.
193 See id.
194 See id.; see also Meyer, supra note 7, at 63.
195 See Tony Lee Orr, Hate is Not a Family Value, Tulsa World, Oct. 3, 1999, available in WL 5415722; Henderson, supra note 106.
196 See HCPA Passes Senate, supra note 157; see also Henderson, supra note 106.
197 See HCPA Passes Senate, supra note 157; see also Henderson, supra note 106; Kennedy, supra note 169; Lawrence, supra note 171; Leahy, supra note 171.
198 See HCPA Passes Senate, supra note 157; see also Henderson, supra note 106; Kennedy, supra note 169; Lawrence, supra note 171; Leahy, supra note 171.
199 See S. 622, 106th Cong. § 4 (1999); H.R. 1082, 106th Cong. § 4 (1999); Henderson, supra note 108; Wyden, supra note 172.
200 Henderson, supra note 106.
201 See Kennedy, supra note 169; Wilchins Testimony, supra note 113.
202 See Brandon v. Lotter, 976 F. Supp. 872, 873 (D. Neb. 1997), aff’d 157 F.3d 537 (8th Cir. 1998); see also Kennedy, supra note 169; Meyer, supra note 7, at 63.
203 Leahy, supra note 171.
204 See S. 622 § 4; H.R. 1082 § 4; Meyer, supra note 7, at 63.
205 See generally Dangerous Liaisons, supra note 10.
206 See Brandt, supra note 10, at 3–4.
207 See id.
208 See Wilchins Editorial, supra note 179.
209 See Brandon v. Lotter, 976 F. Supp. 872, 873 (D. Neb. 1997), aff’d 157 F.3d 537 (8th Cir. 1998); Meyer, supra note 7, at 61–62; see generally Duberman, supra note 1.
210 See id.
211 See id.
212 See id.
213 See id. at 61.
214 See Meyer, supra note 7, at 61.
215 See id. at 62.
216 See id. at 62–63.
217 See S. 622, 106th Cong. § 4 (1999); H.R. 1082, 106th Cong. § 4 (1999).
218 See generally Duberman, supra note 1.
219 See S. 622 § 4; H.R. 1082 § 4.
220 See Meyer, supra note 7, at 62–63.
221 See Wilchins Testimony, supra note 113.
222 See Henderson, supra note 106; HCPA Passes Senate, supra note 157.
223 See HCPA Passes Senate, supra note 157.
224 See Henderson, supra note 106; see also Kennedy, supra note 169; Lawrence, supra note 171; Leahy, supra note 171; Wyden, supra note 172.
225 See supra text accompanying note 167.
226 See It’s Time America, (visited May 17, 2000) <http://www.tgender.net/> (first nationally organized grassroots civil rights group seeking to secure and protect rights for transgendered individuals); see generally Duberman, supra note 1.