commentary
Beyond the briefs: sex, politics, and law
Historic hate crimes forum to take place next Wednesday
Published Thursday, 18-May-2006 in issue 960
A “candid discussion of hate crimes in the Jewish and LGBT communities” will take place next Wednesday, May 24, from 7:00 to 9:00 p.m. at the Lawrence Family Jewish Community Center, located in University Towne Center.
The event is rather historic because it brings together the first open lesbian (and Jewish) San Diego District Attorney Bonnie Dumanis, Garden Grove Police Chief Joseph Polisar and Anti-Defamation League Regional Director Morris Casuto. The three will discuss key aspects of hate crimes, including national trends, local statistics and how legislation surrounding this issue specifically affects targeted groups such as the LGBT and Jewish communities.
Unfortunately, despite relatively small percentages in the overall population, Jews and gays continue to be attractive targets for hate crimes.
A hate crime under California law means any “criminal act” motivated (in a substantial way) by the victim’s race, religion, gender or sexual orientation. The Legislature recently added that a victim of a hate crime can be anyone or thing “associated” with the targeted victim.
I suggested to J*Pride that it put this forum together because some people are unaware of the latest changes in the laws concerning hate crimes. Also, surprisingly, some have been victims of hate crimes without necessarily knowing it. For example, a few weeks ago the Gay & Lesbian Times mentioned that someone threatened to “kill” an employee of the paper as he left the paper’s office. The police investigated but said the incident wasn’t a hate crime.
It was. Verbal threats of abuse are criminal acts and, if based upon the victim’s sexual orientation, they are hate crimes.
More shocking have been the numerous cases I’ve reported here about students in schools being assaulted or verbally threatened, or having their property damaged because of their sexual orientation. The situation is so obvious and dire that conservative Supreme Court Justice Samuel Alito found that a school district that cannot protect a gay student from bias must pay for that student to attend a school where he is safe.
The Legislature is considering and will pass several bills that will go some way in helping to end hate crimes where they most commonly exist: our schools.
“Having a child come out as LGB or T can be challenging for many parents. It challenges their notions of who they thought their child was. It may test their faith.”
AB 606, authored by Assemblymember Lloyd Levine, D-Van Nuys, requires school districts to establish and publicize an antidiscrimination and anti-harassment policy that prohibits discrimination and harassment because of one’s actual or perceived gender identity or sexual orientation. It would allow state officials to investigate anti-bias claims and cut off funds to school districts that won’t enact the policy.
AB 1056, authored by Assemblymember Judy Chu, D-Monterey Park, would require the State Board of Education to integrate instruction on inter-group relations and tolerance into existing English language arts, history and social-science courses. In short, it requires schools to teach about the ravages of anti-Semitism.
SB 1437, authored by state Senator Sheila Kuehl, D-Santa Monica, would prohibit biased curriculum and require that the contributions of the LGBT community, like other underrepresented groups, be included in social-science curriculum.
Another way of fighting hate crimes is establishing centers on or near campuses that can be used to provide solace for GLBT students, and also can be a place or forum to educate the community.
Twenty percent of California’s 2004 hate crimes were related to the victim’s perceived or actual sexual orientation or gender. Ten percent happened at a public school or on a college campus.
On Jan. 29, the California State Student Association passed a resolution in support of gay, lesbian, bisexual, transgender, queer and intersex student communities, urging the creation of resource centers for these communities on college campuses.
With support services concerning gay issues varying from campus to campus, the student association board urged the CSU Board of Trustees to foster resource centers, academic programs and classes that “analyze and celebrate” sexual orientation and gender diversity.
All UC and CSU campuses should provide resources to the campus community by offering gay workshops and support on gay issues, incorporate more gay studies courses into the curriculum and increase gay representation on campus committees.
Robert DeKoven is a professor at California Western School of Law.
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