Silvia Rivera Law Project announces non-support of the Gender Employment Non-Discrimination Act

[lightningandsnow]

Dear members of the GENDA coalition and all allies in the struggle for trans liberation:

We write to you today because we are deeply concerned with the version of the Gender Employment Non-Discrimination Act (GENDA) that was recently introduced in the New York State Assembly. We are members of transgender and gender non-conforming communities of color, allies to these communities, and representatives of organizations that work to advocate for and increase the political voice of these communities. As written, the GENDA bill adds gender identity and gender expression to the protected categories of NY anti-discrimination law by adding it to the State Human Rights statute.

We are excited and heartened by progress on this front, as many of us have struggled to end discrimination against trans people for years. Unfortunately, the GENDA bill also includes gender identity and gender expression as a “protected” category under the NY hate crimes statute. We want and deserve legal protection from discrimination in the workplace, in housing, and in public accommodations.

Transgender people in New York are frequently fired from jobs; kicked out of housing, restaurants, restrooms and hotels; and harassed in schools and public institutions. It is essential that we have legal recourse to take action when trans people are discriminated against in this way. It is also essential that this form of discrimination is publicly declared unacceptable—in our state, in our society, and across the world.

It pains us that we nevertheless cannot support the current GENDA bill, because we cannot and will not support hate crimes legislation. Rather than serving as protection for oppressed people, the hate crimes portion of this law may expose our communities to more danger—from prejudiced institutions far more powerful and pervasive than individual bigots. In New York, the hate crimes portion of the penal code adds automatic penalty enhancements to certain crimes that are deemed to be hate crimes: crimes based on a person’s race, color, national origin, ancestry, religion, religious practice, age, disability, or sexual orientation.

More at: http://srlp.org/node/301

Interesting read, although I can't say I agree with all of that. I tend to be wary of any kind of tough-on-crime legislation because it gives the prison-industrial complex more power, although in my mind, I make exceptions for hate crimes.

[joeybee12]

1. Can't say i agree either...their rationale seems stupid...

...are they a powerful group? well connected?

[One_Life_To_Give]

2. So beating someone for their race is wrong

But beating for wearing a dress orf other gender non-conformity is OK? :wtf:

[lightningandsnow]

3. I don't think that was what they were saying at all.

Reading comprehension is a wonderful thing.

[pinto]

4. I don't support "automatic penalty enhancements". Ties judge and jury's hands.

I favor hate crime legislation that elevates the charge, i.e. from say a misdemeanor to a felony, yet leaves sentencing to a judge/jury. It's a slippery slope, imo.

CA's 3-strike provision is an extreme case of automatic penalty enhancement and has sometimes resulted in automatic state prison time for minor offenses - ones which would normally result in probation and/or fine.

[Unvanguard]

5. It is a little ridiculous. The usual arguments against hate crime legislation are pretty stupid.

But on some level you have to ask, "Is it really likely that this is going to prevent hate crimes against LGBT people? And if it isn't, what's the point?"

Greater federal involvement is definitely a good thing. Stiffer penalties... I have serious doubts about their deterrent value, in general and as applied to this specific case. Do we really need a higher imprisonment rate? It makes sense with lesser crimes, though, like vandalism.

[La Lioness Priyanka]

6. i think this argument has many many holes and is not based on any grounded research

that hate crimes in any way increase police brutality