Box Turtle Bulletin

Video From Last Night’s Tel Aviv Protest

JoeMyGod found this amateur video of last night’s spontaneous protest against the Tel Aviv LGBT center massacre. That protest took place just hours after the shooting. Another protest has been called for 5:00 p.m. local time in Rabin Square.

Manhunt In Tel Aviv; President and Prime Minister Condemn Massacre of LGBT Youth

Tel Aviv mourners paying their respects (George Ginsberg/Ynet)

Hundreds of police are swarming the streets of Tel Aviv and surrounding areas, searching for the gunman who shot and killed two youths meeting at an LGBT center Saturday night in what is being described as the worst attack against the LGBT community in Israel. The attack was condemned from Prime Minister Benjamin Netanyahu, President Shimon Peres, opposition leader Tzipi Livni, Tel Aviv mayor Ron Huldai and several others.

Nir Katz (left) and Liz Trubeshi (right)

The dead were identified as 26-year-old Nir Katz from Givatayim, who was a counselor at the center, and 17-year-old Liz Trubeshi from Holom, who was attending the LGBT youth support meeting. About a dozen more were injured, five  seriously. Ten were still hospitalized Sunday morning. The attack shocked the residents of Tel Aviv, a seaside city that is well-known for its more liberal, tolerant attitudes, and is regarded as a safe-haven for the country’s LGBT community. The Jerusalem Post quoted the chairman of the youth organization:

These were teenagers,” Yaniv Weisman, chairman of the Israeli Gay Youth organization, told The Jerusalem Post.

With tears in his eyes, Weisman added, “They came to this center from across the country to talk to one another and receive help. This was supposed to be a safe place for them. Someone knew what they were doing when they came here. This is not a pub or a club.”

“Today, someone sent a message that gays in Tel Aviv and Israel are not safe,” Weisman said.

Murder scene in Tel Aviv (Avi Cohen/Ynet)

One 16-year-old victim of the shooting noted that many of the teens at the community center were not out to their families:

“I’m horrified to think that this is the way the parents of some of my friends will find out,” Or Gil, who was taken to Ichilov Hospital following a knee and chest injury, told Haaretz.

“At about 10.40 P.M. someone came over, all dressed in black and wearing a black mask,” he recounted. “I thought it was a joke at first, but he immediately opened fire. People took cover under the bed and tables, but there were no screams. I hid under a table with someone else. It’s a small place; there’s just one terrace. Once you’re inside, there’s nowhere to run.”

Gil came to the center every week to take part in activities for teenagers.

“It’s for 14- to 21-year-olds,” he said. “Teenagers just hang out there, talking and listening to music.”

“I love this place,” Gil concluded, “but I don’t know if I will ever go back there. I want to, but it’s too soon to say.”

Prime Minister Benjamin Netanyaho, speaking at the Israeli Cabinet’s weekly meeting, offered his condolences to the families and condemned the attack:

“I unequivocally condemn the shocking murder,” Netanyahu said at the start of the weekly cabinet meeting. “I have spoken with Public Security Minister Yitzhak Aharonovitch and stand by the police in searching for and finding the killer. We will bring him to justice and will prosecute him to the fullest extent of the law.”

…”I say to the Israeli people: We are a democratic country, we are a country of tolerance, a country of laws, and we must respect every person, whoever and wherever he is,” he said.

President Shimon Peres also condemned what he called “a despicable murder“:

President Shimon Peres said in a statement that “the dreadful murder that was committed yesterday in Tel Aviv against teenagers and young people is a murder that a cultured and enlightened people cannot accept.”

“Murder and hate are the two most terrible crimes in society,” Peres said in a statement. “Police must make a supreme effort to capture the loathsome murderer and the people must join together in condemning this despicable act.”

Opposition leader Tzipi Livni also expressed her “sadness and shock” over the murders, adding, “This difficult event must bring society to shake off prejudice, and to accept and recognize the right of every person to live in respect and safety.” Tel Aviv mayor Ron Huldai promised that the city would continue to uphold its pluralistic values:

“Tel Aviv has always been a bastion of pluralism, tolerance and openness, and no one will succeed in hurting the city’s character,” he said. “Our city will continue to be a home for the gay community, and we will fight for the right of every person to live his life in the city according to his beliefs and conscience.”

Hundreds of Israelis Protest Attack

Mourners light candles in memory of the dead. (Yaron Brener/Ynet)

The night is not yet over, and already Israelis are gathering to remember the victims of this evening’s attack on a teen support group at the Tel Aviv Gay and Lesbian Association.

Israelis comfort each other at the scene of the shooting (Jonathan Nackstrand/Agence France-Presse, Getty Images)

Earlier this evening shortly before 11:00 p.m., two LGBT youth were killed by a lone gunman as they met for a support group an an LGBT community center in Tel Aviv. According to The Jerusalem Post, fifteen others were injured in the attack. Two are in critical condition, and three more are in moderate condition. Army Radio says that one of the dead was a 24-year-old male counselor at the center, and a second victim was a 17-year-old girl. The victims’ names have not yet been released. Eyewitness describe the scene at the LGBT community center as “like a slaughterhouse.” Despite the shock and horror, people are turning out for a spontaneous rally to protest the violence and commemorate the victims.

One of the marchers identified as Revital told Ynet:

“The feeling is terrifying. We live in a bubble, believing that everything is fine. This is an act of pure unfounded hatred, which leads to the murder of children for being gays and lesbians. It’s very sad knowing that it’s still so.”

The Shas faction condemned the attack, but Revital had harsh things to say against the ultra-Orthodox party. “People like (Shas Chairman) Eli Yishai and (former Knesset Member) Shlomo Benizri openly hared gays and lesbians,” she said.

Signs against the ultra-Orthodox Shas party. (Yaron Brener/Ynet)

The gunman has not been identified. According to the nationalist Arutz Sheva, the Shas party condemned the attack:

The Shas religious party condemned Saturday night\’s attack on a club of homosexuals. “Murder, understandably, is against the Torah way. Any attack is against the religion of Israel,” the Shas party said in a statement.

Apparently, Israel’s religious right can be as shameless as many in the American religious right. In an attempt to deflect criticism over Shas’ violent anti-gay rhetoric, Shas Knesset Member Nissim Zeev suggested that the gunman may have been gay:

“I am really shocked, but I’m not certain it’s because of this population’s affiliation. It’s possible that the person who fired the shots belongs to the same population.”

2 Killed, 15 Wounded In Tel Aviv LGBT Teen Center Shooting Spree

Update: The Jerusalem Post has updated its report to indicate that two were killed and fifteen wounded, and not three killed and fourteen wounded as they reported earlier.

Rescue personnel treating a victim of the shooting at a gay club in Tel Aviv on Saturday night. (Haaretz)

The Jerusalem Post has the developing news:

Three people were killed and 14 people were wounded – two seriously, three moderately and the rest lightly – in a shooting at the Bar Noir, a center for youth run by the Tel Aviv gay community, on Saturday night.

According to eyewitnesses, an unidentified assailant dressed in black opened fire from an automatic weapon inside the building, located at the corner of Nahmani and Ahad Ha’am streets, at approximately 10:40 p.m.

Israeli paramedics treat shooting victims. (Reuters / Amir Meiri)

Ha’aretz reports:

Witnesses told Israeli television that the black-clad, masked gunman stormed into the Tel Aviv Gay and Lesbian Association building and opened fire in a basement room where gay teenagers were holding a weekly support group. Most of the casualties were minors, a police spokesman said, adding that the assailant was believed to have used an automatic weapon such as an M-16 rifle.

Israeli police and paramedics work at the scene of a shooting attack at a gay community house in Tel Aviv (AFP)

An earlier Ha’aretz report says that the teen meeting typically draws 30 participants. That report continued:

Itzik Dror, a spokesman for the gay and lesbian community, said he was “shocked and shaken” by the event. Another community leader said that all activities for gay and lesbian groups had been suspended. “We thought we were living in a modern country where hate is not the standard,” he said.

Gay and lesbian organizations said they will hold an emergency meeting early today to develop policy on community events following the incident.

MK Nitzan Horowitz (Meretz), who is also a gay rights activist, said after arriving at the shooting scene: “This is the most severe event to have hit the gay and lesbian community in the history of the State of Israel. I hope the shooter is caught. I do not want to come out with a statement, but this is a shocking thing.”

There were signs that this was a hate crime, he said.

Police have closed all gay bars in the area as a precaution.

Britain’s ITN has this coverage:

Police say there were no prior threats directed toward the community center, although the center has experienced anti-gay grafitti including swastikas painted at its entrance.  Ynet reports:

One eyewitness to the shooting said, “The place looked like a slaughterhouse.” Another witness said the shooter had worn a mask. Civilians were warned to stay away from the area.

Eyal Amit, a member of the GLBT organization, told Ynet that many of the teens who met at the clubhouse had not yet informed their loved ones of their sexual orientation. “It’s a very sensitive situation. What we know is that in order to get here one must come here especially. This was not some random shooting,” he said.

Sailor Accused of Killing August Provost Commits Suicide

Seaman August Provost

The murder case of August Provost, the bisexual sailor who was found dead and burned at his guard post at Camp Pendleton, has taken a surprising turn. The suspect in the case was found dead in his cell yesterday afternoon:

Jonathan Campos, 32, of Lancaster, was found unresponsive in his cell at about 12:20 p.m., taken to the base hospital and declared dead about 1:15 p.m.,the Los Angeles Times reported.

Campos, a petty officer 2nd class, apparently asphyxiated himself with toilet paper. He had been on suicide watch in the brig and was last checked at 11:45 a.m., according to a Navy written statement.

A full statement from the Navy can be found here. Campos was charged with murder, drug possession, burglary and several other crimes. According to Navy investigators, Campos shot Provost, who was standing guard duty at the time, as Campos was trying to get onto the base to destroy property and attack other sailors. Navy investigators say there is no evidence that Provost’s death was the result of a hate crime.

Four Lesbians Arrested For Assault on Anti-Gay Activists

There are idiots on both sides:

The salsa and eggs stopped flying, but the police continued to investigate. Now four young women face charges of assault and disorderly conduct. They’re accused of hurling food and drinks and spraying pepper spray at a group of men who stood in the median on Bald Hill Road and East Avenue Tuesday afternoon carrying signs supporting traditional marriage, Capt. Robert Nelson said Thursday morning. The men all gave the police an address in Spring Grove, Penn. — 1358 Jefferson Rd. — that’s the location for the Foundation for a Christian Civilization Inc., a group that’s in the midst of a caravan along the East Coast. The group states on its Web site that they make themselves “visible to motorists by engaging them to support traditional marriage.”

…Thursday evening, the police arrested four women: Melissa Migliaccio, 22, Amanda L. Zangrilli, 23, Kristen A. Scungio, 19, and a 17-year-old female from Pontiac Street in Warwick, whom the police have not named because she is a juvenile. All are charged with at least one charge of battery or simple assault, and with disorderly conduct. The 17-year-old faces a more serious charge as well — felony assault with a dangerous weapon or substance, according to the police.

The Providence Journal updated that story early this morning:

Amanda L. Zangrilli, 23, of West Warwick, said she and her girlfriend had seen the men in the same spot for a few days, and had “every intention” of bringing opposing signs of their own. Then, Tuesday afternoon, Zangrilli said, she and her girlfriend, Kristen A. Scungio, 19, also of West Warwick, saw the men again. She says they were pointing at the women, in a way that told her they realized the two were gay. Her girlfriend threw the soda bottle out the window –– missing the man she threw it toward, just as she had intended. “We heard him yell, ‘Ha ha, you missed,\’ ” Zangrilli said.

The two drove to a friend\’s house, gathered whatever they could get their hands on and returned with the friend. Zangrilli and Scungio said the men yelled at them when they returned, calling them the Antichrist, homosexuals and sinners. The men shouted anti-gay slurs at them, the women said, and one pushed his camera into Scungio\’s face; she “pushed it away on instinct.” “And then the flagpole guy raised his pole to me, and I turned around and punched him because I wasn\’t sure what he was going to do,” Scungio said. “I was wicked scared. It turned into, like, a riot.” Another woman driving by, an acquaintance of the women, jumped into the fray.

Members of the Catholic group deny using anti-gay epithets. But whether they did or not, these women acted like idiots. Getting into a physical brawl over words and signs is never justified, not under any circumstances. Committing assault is wrong no matter how anyone tries to justify it, and beyond that it is immensely stupid.

This incident will now become a huge part of the anti-gay arsenal: see how violent they all are? For months, anti-gay activists have characterized the Prop-8 protests as “violent” even though no one has been able to demonstrate that a single violent act was perpetrated by LGBT protesters or their allies. But now they have this, handed to them on a silver platter.

Morons.

By the way, Rhode Island appears to have a very robust hate crime law that protects on the basis of religion as well as sexual orientation. This might quality. After all, these people were assaulted for legally expressing their religious belief.

Anti-Gay Attacks Rock World OutGames in Copenhagen

According to the Copenhagen Post, a man was arrested for throwing two bombs at track and field event”

Copenhagen police have charged a 31-year-old man with committing a hate crime after he threw powerful explosives at participants in the city\’s World Outgames event, public broadcaster DR has indicated in a report.

A 31-year-old city man was arrested yesterday at St. Jakobs Church in Østerbro, where he allegedly threw the explosives at the games\’ track and field participants at Østerbro Stadium. He managed to throw two bombs before police arrived on the scene and took him into custody.

One injury was reported. Dean Koga, 58, of the Seattle Frontrunners, was treated for shrapnel in his right hand. He returned to compete againt the following day. OutSports has more coverage:

The 55-59 age group was in the starting area in the men’s 4×200-meter relay about 2 p.m. when a loud explosion was heard. Rob Lyons, a member of the New York Frontrunners, was taking photos and standing just feet from the blast, and said that the race starter looked at his gun, thinking it had misfired. “My ears were totally ringing,” Lyons said.

After a brief delay and with everyone assuming the first blast was some one-off prank, the race was set to resume. That’s when a second bomb was tossed.

“It lit up the whole area” near the relay start, said Stephen Stuehling, a member of the Seattle Frontrunners, who was on the other side of the track warming up for his relay when the second bomb hit.

“The [bomb] container hit the ground and everyone yelled to run,” said Koga, who was in his running lane and then headed for the infield area. “That’s when I felt the impact” from the shrapnel that ricocheted off the ground and into the top part of his right hand.

OutSports reports that after police arrived, the attacker threw a third bomb that rolled under the van of a film crew. That’s when police were able to chase down and arrest the suspect.

This bomb-throwing attack follows an earlier hate crime incident during last Friday night’s opening ceremonies. Two men, aged 28 and 33, were arrested after attacking three visitors from England, Sweden and Norway. The three victims were treated at a hospital for their injuries and released.

McInerney Can Be Tried as Adult

Today a judge decided that Brandon McInerney can be held to trial and special circumstances apply, allowing him to tried as an adult for the first degree murder of Larry King. (Ventura Star)

The judge noted that McInerney didn\’t confront King in the hallway or on the playground, but waited for class to begin before shooting him.

The judge described the shooting as “the cold-blooded precision of an executioner.” He said it was premeditated, and he also found true the special circumstance that McInerney was lying in wait.

Prosecutors have yet to determine whether they will file the special circumstance against the teen. Such a step would not lengthen the juvenile\’s sentence, but it would keep the case out of the juvenile court.

Testimony to date has included evidence of pre-medititation, neo-Nazi association, and cold-blooded enactment of the crime. If convicted, McInerney may be sentenced up to 53 years to life in prison. Prosecutors have offered him a plea deal of 25 years to life.

The defense continues to use “gay panic” as their defense, more or less implying that King deserved what he got. (Ventura Star)

Defense lawyers are trying to portray King as a troubled boy and a sexual aggressor who would taunt and tease boys with flirtatious remarks and gestures such as blowing kisses at them.

They have argued in court that King was also a schoolyard bully toward McInerney and other boys. An autopsy showed that King was small in stature, standing 5 feet 4 inches tall and weighing 111 pounds, according to testimony on Monday.

Lawrence King’s Killer Motivated By Neo-Nazi Beliefs

On the second day of preliminary hearings in Ventura County (California) Superior Court, a Simi Valley detective and gang specialist testified that Brandon McInerney was at least partly motivated by neo-Nazi beliefs when he gunned down 15-year-old Lawrence King in an eight grade classroom. Detective Dan Swanson took the stand and offered this testimony yesterday:

A search of McInerney’s bedroom and backpack yielded the notebook, seven of Hitler’s speeches translated into English and a book about SS troopers who had been former members of the Hitler Youth. The collection reflected an interest in the Nazis that was far more profound than the World War II book report McInerney had been assigned, the investigator testified.

Swanson said the teenager’s family was friendly with a white supremacist in Oxnard’s Silver Strand area. The man told Swanson that he and his girlfriend allowed McInerney to sleep in their apartment a night or two before the shooting.

McInerney’s lawyers continue to push the “gay panic” defense, charging McInerney “cracked” when King blew kisses at him and declared his love.

On the first day of preliminary hearings, Oxnard police Sgt. Kevin Baysinger testified that McInerney bragged to fellow classmates that he had guns at home if he ever wanted to kill someone. “Brandon said if he ever wanted to kill anybody, his dad had a bunch of guns and he had the capability,” Baysinger told the court.

Follow Up on Brett Vanasdlen

During the attention given to the debate in Congress over the Matthew Sheppard Hate Crimes Bill, I was reminded of the story of Brett Vanasdlen, the young man in Champaign, Illinois, who was charged with a hate crime in 2008.

We reported the story, but we didn’t fully follow up. Here’s where we left it:

• Stephen Velasquez was walking with friends at 1:00 am. Another young man, Brett Vanasdlen, saw him and made a bigoted remark.
• According to Velasquez, he responded, “How ignorant was that?” and kept walking. According to Vanasdlen, Velasquez grabbed him and started screaming, “What did you say” in his face.
• In both stories, Vanasdlen threw Velasquez to the ground where he was knocked out, suffered head trauma, and was taken to the hospital.
• Vanasdlen was arrested and charged with a hate crime.
• Vanasdlen’s mother appealed to Anti-Semite Ted Pike and former KKK leader David Dukes for support and they ran her version of events on Dukes’ white supremacist website. Peter LaBarbera picked up the story from them (changing Pike to a “pro-family activist”) and sold it to conservative circles. The story spread as an example of how a conservative Christian “strapping, clean-cut, All-American looking young man” was victimized by a homosexual with brown skin through the use of hate crimes legislation.

White supremacists and anti-Semites throughout the country began including Vanasdlen as an example of the current indignities suffered by the “white race”. Anti-gay religious groups used it as an example of why gay people should not be protected by hate crimes.

Peter LaBarbera was probably most vocal about this story. And he was quite critical of the skepticism expressed by those of us who doubted Vanasdlen’s saintliness.

We\’ll see how this story plays out as Tim, ExGayWatch, BTB, Pam and the rest of the “queer” spin machine so eagerly paint a false picture of young Brett as a violent “gay basher” to further their misguided crusade.

Peter pledged to one and all that “AFTAH will be following this case closely.”

So today I turned to LaBarbera’s site to see whatever happened to Brett Vanasdlen and his campaign to clear his name. But I found nothing. No mention at all of the outcome.

So what happened? Did the courts clear him? Did witnesses come forward to declare that the “strapping, clean-cut, All-American looking young man” had actually been the victim and brown homosexual Velasquez was the “the real aggressor“?

Well, no.

On September 9, 2008 Brett Vanasdlen pled guilty to battery and the hate crime charge was dropped.

Defendant ordered to pay restitution in the amount to be determined at a later date.
Sentence: 09/08/2008
Sentence: Fines and/or Cost/Penalties and Fees
Sentence: Court Supervision 24Mos Supervised Court Service
Sentence: Anti-Crime Assessment Fee
Sentence: Public Service 200Hrs Supervised Court Service
Sentence: Substance Abuse Treatment/Evaluation 60Days
Sentence: Partner Abuse Intervention Program 60Days
Sentence: Count(s) dismissed.

I guess it’s no wonder that LaBarbera kept silent about the resolution to this case. Martyrs are much less effective when they plead guilty.

Demand Honesty – Sometimes You’ll Get It

The Illinois Family Institute is decidedly anti-gay. They believe that your “lifestyle” is inherently evil and they know no limits in their fight against “militant homosexual activists.” IFI is one of only 12 Anti-Gay Hate Groups listed by the Southern Poverty Law Center.

But even those persons at IFI who have dedicated their lives to anti-gay activism are approachable. And recent events demonstrated this to me.

At this time yesterday, the IFI had a flyer on their website which they were encouraging their followers to pass out at church (it was conveniently sized to fit in a church bulletin). “Urgent!” it warned and then listed just why Illinoisans should fear Senate Bill 909, the Matthew Sheppard Hate Crimes Bill.

As its second bulletin point it declared:

It Infringes on Freedom of Speech and Religion.

Miss California , Carrie Prejean, could have been charged with a “hate crime” for her views on same-sex marriage if S. 909 was already law. What could constitute a “hate crime” under this bill is a homosexual man or woman claiming they were discriminated against and hurt by what was said.

Now, those who read here know that this is complete nonsense.

The bill says nothing about “claims” or “hurt by what was said.” Instead it provides states with federal assistance for a crime that

(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or tribal laws; and
(C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.

And I think we all know that Carrie’s babbling about “opposite marriage” was not a violent felony. Indeed, if hate crimes legislation could lead to Carrie’s arrest, it would have; Nevada has hate crimes protections in place.

So I contacted the Illinois Family Institute and had a lengthy email exchange with David E. Smith, its Executive Director. Smith was not quick to agree that his claims were baseless. He decidedly did not want to admit that his claim was hyperbolic, dishonest, and a flat-out attempt to lie to those who use IFI as a resource a claim based more in desire to influence belief about the bill than in any real possible scenario. *

But I appealed to Smith’s integrity and the commands of his (and my) faith not to lie, and ultimately Smith had to admit – mostly to himself – that his flyer was not truthful.

And he changed it. And I commend him for making that change.

It’s not now a glowing endorsement of the bill, but at least it reads a bit more honestly:

It Infringes on Freedom of Speech and Religion.

To see where “hate crime” laws lead, we can look to other countries where such laws have been passed, and also to our nation\’s public universities. More than 230 public universities have so-called “speech codes” that are being used to restrict Christian speech. The majority of these speech codes censor any speech that challenges homosexual behavior.

Now I don’t think that S. 909 will lead to “speech codes”. But, unlike the false claims about Carrie Prejean, this slippery sloap is at least a legitimate concern and a credible issue over which reasonable people can disagree.

I am sure that our readers will continue to see false, offensive, or inflamatory statements in the many anti-gay writings of IFI. But that is not why I tell this story.

I want to let this serve as a reminder that the most effective strategy is not always to go in with guns blazing and call an opponent a homophobic lying bigot. Even if you think they are.

Now some folks have no interest whatsoever in the truth. They lie because that’s what lying liars do. But some – even those most extreme – don’t want to think of themselves as liars. They want desperately to “win”, but perhaps not at the cost of their immortal soul.

And I think that we could have a more reasoned debate, tear down a few walls, find some common ground, if we insist that all of us – those who agree and those who disagree – speak the truth, hold ourselves with honor, and demand honesty.

Sometime you’ll get it.

* The Illinois Family Institute objected to my characterization of their efforts as “a flat-out lie”. As I cannot state for certain what went on in their heads, I will concede that perhaps they were so confused by their own rhetoric as to actually believe that Carrie Prejean could have been arrested for saying that she supported “opposite marriage”.

Lying About The Hate Crime Bill, #2: “A Danger To Religious Freedom”

Among the many claims of opponents to the Local Law Enforcement Hate Crimes Prevention Act of 2009 (H.R.1913) — known in the Senate as the Matthew Shepard Hate Crimes Prevention Act (S.909) — is the contention that this bill represents a danger to religious freedoms. The proposed legislation would expand the already existing federal hate crime law to include violent crimes based on the victim\’s actual or perceived sexual orientation, gender, gender identity, and/or disability. The current law already covers actual or perceived race, ethnicity, color and religion. This is very important to remember because it makes the “danger to religious freedom” argument particularly illogical.

That argument, as promulgated by anti-gay activists, insists that the proposed hate crimes prevention act will effectively criminalize religious objections to homosexuality and will “muzzle” pastors. Here’s how the Family Research Council recently put it:

Let’s say you preach from Genesis 19 or Romans 1, referencing the homosexual agenda or lifestyle. Your sermon could be heard by an individual who applies it in a way prohibited by a hate crimes law. Not only would the offender be prosecuted under this law, but you could also be prosecuted for conspiracy. Consequently, hate crimes laws would radically impact our freedom of speech as Christians.

Matt Barber puts it this way:

This creates both a sociopolitical and legal environment wherein traditional sexual morality officially becomes the new racism. Those who publically [sic] express medical, moral or religious opposition to the homosexual lifestyle are tagged by the government as “homophobic bigots” to be treated no differently by law enforcement, the courts or larger society than the KKK or neo-Nazis.

Barber’s warning is particularly relevant. What would happen if “homophobic bigots” were treated exactly the same as the KKK or neo-Nazis?

Well, to answer that, we could well ask how does the current hate crimes law treat the KKK and neo-Nazis?

The KKK at the Minnesota state Capital, August 2001

The federal hate crime law already protects against crimes motivated by hatred of religious groups, but that didn’t keep neo-Nazis from winning the right to march in predominantly Jewish Skokie, Illinois (with the ACLU\’s help, I might add). The current hate crime law also protects against crimes motivated by racial hatred, but that didn’t stop the KKK from marching and shouting slogans in Cleveland (again with the ACLU’s help). Hate groups have rallied at state houses in Minnesota, Nebraska and South Carolina, In fact, White Supremacist groups have held nearly a hundred rallies, demonstrations and meetings across America in this year alone — and the existing hate crime law at both the state and federal level have deterred none of it. And yes, they’ve even protested gay pride parades as well, something that they have in common with more than a few conservative Christian groups.

Extremist hate groups are also free to practice their hate speech, including when they do so under the guise of religious belief. There are some three dozen racist Christian Identity groups active in America right now. Some even operate radio broadcasts and “prison ministries.” One such “pastor,” James Wickstrom, argued that Jews should be beaten, thrown into a wood chipper, and “give them the holocaust they rightly deserve.” This, even though current hate crime laws already protect on the basis of religion.

Now if “pastor” Wickstrom can say something as offensive and dangerous as that with the existing hate crime laws in place under the guise of his religious beliefs, then there’s nothing that Matt Barber can say now that can’t be said should the Matthew Shepard bill become law. And that’s because the First Amendment to our constitution provides a pretty ironclad guarantee of freedoms of speech and of religion:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

And under that Ironclad guarantee of freedom of speech and religion, some pretty unsavory groups have freely spouted their unsavory beliefs. Our First Amendment protects our right to say pretty much anything we want, no matter how ugly, hateful, or factually wrong we may be. And no law — not even this proposed hate crimes law — can get in the way of that.

But that’s not what opponents to the hate crimes bill would have you believe:

If we do not act decisively at this time, S.909 will make illegal every word in the Bible describing the destruction wrought by this vile behavior, and prepare the way for total censorship of the Gospel of Christ. Our children will pay a horrible price for our cowardice.” Rev. Flip Benham, National Director, Operation Rescue/Operation Save America

But S.909, the senate version of the bill, won’t make illegal any words whatsoever, because it only expands the current hate crimes law to cover sexual orientation. And the current hate crimes law doesn’t make illegal any words either. And in case there’s any confusion about this, the version of the Matthew Shepard act which passed the House says so specifically:

Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by, the Constitution.

And the Senate version is even more expansive in its assurances:

(3) CONSTITUTIONAL PROTECTIONS- Nothing in this Act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the First Amendment and peaceful picketing or demonstration. The Constitution does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

(4) FREE EXPRESSION- Nothing in this Act shall be construed to allow prosecution based solely upon an individual’s expression of racial, religious, political, or other beliefs or solely upon an individual’s membership in a group advocating or espousing such beliefs.

Now notice what I just did. I linked directly to both the House and Senate versions of the act so you can read it for yourself. Ever wonder why our opponents won’t do the same when they make these outlandish claims?

But What About Pastors in Sweden, Britain and Canada?
Anti-gay opponents often bring up examples from other countries, claiming that what can happen over there can happen here. Focus On the Family has a so-called “Facts Sheet” which claims (PDF: 44KB/2 pages):

In Sweden, Canada and Great Britain, “hate crimes” laws have been used to prosecute Christians speaking their disapproval of homosexual behavior, posing a serious threat to religious liberty and free speech.

The Family Research Council adds:

Don’t believe it? Just Just ask Pastor Ake Green who was charged and sentenced on June 29, 2004 to one month in jail for showing “disrespect” against homosexuals because of a grace and truth filled sermon delivered in Borgholm, Sweden on July 20, 2003 . Thanks to the efforts of our friends at ADF, that sentence was overturned on appeal, but you can see what a chilling effect that hate crimes laws would have on the freedom of speech and religion.

But Sweden’s example simply doesn’t apply here. Sweden has a hate speech law that goes back to 1948, when it was originally written in response to the Holocaust. Laws which limit hate speech are quite common in many European countries. But that\’s because their constitutions allow such laws to exist. Ours doesn\’t. Swedish journalist Tor Billgren, who writes the blog Antigayretorik, reminds us that no preacher has been fined or jailed for quoting the Bible:

Pastor Ã…ke Green was sentenced to 1 month imprisonment by the district court, but was acquitted by the court of appeal and the supreme court. He wasn\’t jailed. There\’s another case as well: Leif Liljeström, a Christian (not a preacher) who owned a discussion forum on the web. He was sentenced to 1 month for things another person wrote on the forum (according to the Swedish law the owner of the forum is responsible). However, this wasn\’t quotes from the Bible, but extreme hate speech. This case will be dealt with by the Supreme Court. He hasn\’t been jailed.

Britain is often cited as another example by anti-gay activists. But the U.K. has no written constitution, nor does it have a Bill of Rights like ours which enumerates inviolable rights among its citizenry. (If I remember, that was one of the sore points between us more than two hundred years ago.) Consequently, Britain has a long history of banning all sorts of speech. As recently as 1988, Margaret Thatcher\’s government banned the broadcast of all appearances and interviews of members of Sinn Fein and the IRA. (According to the BBC, “instead of hearing Gerry Adams, viewers and listeners would hear an actor\’s voice reading a transcript of the Sinn Fein leader\’s words.”) You just try to get that past our Constitution here.

Canada also has a hate speech law. Bill C-250 criminalizes certain types of hate speech towards persons of any sexual orientation: homosexuals, bisexuals, or heterosexuals. In other words, it protects everyone equally. But there is a clause which specifically exempts religiously motivated speech. In other words, religious freedom always trumps hate speech in Canada according to this particular law. But again, Canada’s constitution does not prohibit curbs on speech the way the American constitution does.

But What About the “Philadelphia Eleven”?
But some claim that just such a curb on freedom of speech has actually happened here:

House Majority Leader Steny Hoyer claims the legislation “does not affect free speech or punish beliefs or thoughts. It only seeks to punish violent acts.”  But Andrea Lafferty, executive director of the Traditional Values Coalition, says Hoyer is ignoring the case of eleven Christians in Philadelphia who were charged with hate crimes for sharing Scripture verses at a homosexual pride rally.

“Ask the Philadelphia 11. We know what these supposed ‘hate crime’ laws are meant to do. In Philadelphia, Christians were arrested and jailed based on hate crime law,” she points out. “So we know that what the other side is saying — that it will not affect pastors or youth pastors or Christians — we know that is not true.”

Philadelphia organizers, participants, and police were willing to tolerate the signs and taunts from a group of Repent America protesters when they remained at the edge of the event’s grounds. But then those protesters pushed their way onto the festival grounds to try to forcibly disrupt the event, they were surrounded by Outfest supporters armed with pink whistles and eight-foot-tall pink-colored boards mounted on sticks.

Repent America, who didn’t have a permit for their gathering, was trying to disrupt an OutFest rally which did have a valid permit. So police were called, and they instructed the demonstrators to go back out to the the edge of the Outfest area. The demonstrators ignored three separate orders to move. When they were told by police they would be arrested if they refused to move, they sat down, forcing the police to arrest them.

Prosecutors charged the protesters with violating several laws including the state’s hate crime law. But the court dismissed those charges, calling them an infringement on the protester’s First Amendment rights.That’s right. Just like with with the Klan and the neo-Nazis, Repent America’s actions were protected by the First Amendment.

This may be a case of overzealous prosecutors misapplying the law. But that doesn’t mean the law itself is flawed. We’ve had cases where overzealous prosecutors have pinned far worse charges on innocent people. Some have even ended up on death row for wrongful murder convictions. The answer to that problem isn’t the elimination of laws against murder, but to ensure that everyone has a speedy and fair trial — which is another of our cherished constitutionally protected rights.

And in this particular case, the problem wasn’t with the police who removed Repent America from OutFest; it was with the prosecutor’s decision to charge them under the state’s hate crimes law. In fact, when Repent America tried to sue the city of Philadelphia for wrongful arrest, that court ruled that the police acted properly. It was Repent America’s disruptive actions which led to their arrests, not the content of their speech.

Those who claim that the proposed hate crimes bill is a danger to free speech or religious freedoms need to not only dust off their copy of the Bill of Rights, but also look around at what a lot of people are already getting by with under the current hate crime law. Even if Repent America, Focus On the Family, or the American Family Association were to wind up in the same classy company of the KKK and neo-Nazis as Matt Barber fears, they will still be free to say whatever they damn well please.

See also:
— Lying About The Hate Crime Bill, #2: “A Danger To Religious Freedom”
— Lying About The Hate Crime Bill, #1: “The Thirty Sexual Orientations”

King’s Killer Offered Plea Deal

On February 12, 2008, Brandon McInerney walked into his eighth grade classroom and put two bullets in the back of classmate Larry King’s head. His reason? Because Larry King dared to flirt with him.

Ever since that date, his defense has sought every opportunity to portray McInerney as the victim and King as the aggressor. Brandon was just a poor tormented kid who couldn’t take it any more. Newsweek contributed by running a hit-piece on Larry King. He has even been helped by King’s previous guardians who think that by portraying Larry as a threat to all that is heterosexual, they can get money from those who were actually caring for him.

But District Attorney Maeve Fox is refusing to allow Brandon McInerney’s attorneys to portray him as an innocent or to trash the name of Lawrence King and seek to blame him for his own murder.

After the Newsweek article ran portraying McInerney as basically a good kid who “was smart” but “had his share of troubles” (unlike King whom they portrayed as a “flamboyant” disturbance who “flaunted his sexuality and wielded it like a weapon”), Fox released information that revealed an entirely different Brandon McInerney than that portrayed by his attorneys and parroted by an inexperienced and gullible journalist who was more concerned about “the story” than the truth.

• Investigators seized white supremacist materials, including doodlings of Nazi swastikas, from the bedroom of Brandon McInerney.
• McInerney looked for others to join in a gang beating of King in the days before the shooting. Unable to find others interested he decided to kill King.
• McInerney was familiar with the gun with which he killed King, having used it for target practice.
• It wasn\’t until King had suffered months of being called “faggot” by McInerney and others that he began to retort by making sexual taunts to McInerney.
• Other students heard McInerney threaten to shoot King in the days before he did so.
• In addition to the skinhead and neo-Nazi materials, McInerney also had a training video called “Shooting in Realistic Environments”.

Fox has been harshly criticized for trying McInerney as an adult. With no one to speak for Lawrence King, McInerney’s supporters painted her as bloodthirsty and overly harsh. Even some gay groups and liberal organizations joined the chorus, saying that McInerney was being scapegoated and that he should not be tried as an adult. They felt that a possible 50 year sentence was just too much, considering his age (some of this concern has dissipated as more about McInerney’s character has been revealed).

Finally McInerney’s defense has gotten under Fox’s skin again. On Wednesday defense attorney Robyn Bramson accused prosecutors of being vindictive. They should have known better. Fox released information which put exposed their lack of forthrightness. She had offered McInerney a plea deal.

The district attorney will allow 15-year-old murder suspect Brandon McInerney to plead guilty to first-degree murder in exchange for a lighter sentence, officials announced publicly today.

“It would bring (the sentence) down, from a maximum of 53 years to life, to 25 years to life,” said Senior Deputy District Attorney Maeve Fox, who is prosecuting this case.

Sean Kennedy’s Murderer is Free

Remember Sean Kennedy?

On May 16, 2007, Steven Moller shouted anti-gay epithets at Sean Kennedy and then attacked him. Moller then called a friend of Kennedy and left this message:

Hey. (laughter) Whoa stop. (laughter) Hey, I was just wondering how your boyfriend\’s feeling right about now. (laughter) (??) knocked the f— out. (laughter). The f—— faggot. He ought to never stick his mother-f—— nose (??) Where are you going? Just a minute. (laughter). Yea boy, your boy is knocked out, man. The mother——. Tell him he owes me $500.00 for breaking my god— hand on his teeth that f—— bitch”

Kennedy died. And in June 2008 South Carolina’s judicial system decided that five years, reduced to three, minus seven months for time served was adequate punishment.

Now, after a reduced sentence for getting his GED, Mohler is free. His life goes on. His debt is paid. And I’m sure his hand healed nicely.

As for Sean Kennedy? Yeah, Sean is still dead.

I’m sure there’s a parable to this story, but right now I’m too nauseous to think of it.

Did DADT Kill August Provost?

Seaman August Provost, in a photo posted to his Myspace page.

Questions remain over the murder of Seaman August Provost who was shot wile standing sentry duty sometime overnight Tuesday at Camp Pendleton Marince Corp Base. His body was found at the end of his shift at around 3:30 a.m. Wednesday morning. It had been burned in an apparent attempt to conceal evidence.

Hus aunt, Rose Roy, of Beaumont, Texas, told CNN on Friday that Provost told her that he was being arassed because of his sexual orientation and race:

He was frustrated by it,” she said. She said she had advised him to speak to someone of higher rank, but said she wasn’t sure if he had done so.

“He went to serve and protect, but he didn’t get the protection,” she said. Brown said Thursday that he had no information on claims of harassment.

Asked whether she believed her nephew was killed because of race and sexual orientation, she said, “In my heart, I do.” She added, “it was like an execution-style killing, and nobody does that unless you have that kind of hatred in your heart.”

It’s unclear that Provost reported the harassment to higher-ups. Doing so would have revealed his sexual orientation to his superiors, which may trigger an investigation under “Don’t Ask, Don’t Tell.” Such an investigation would then have led to Provost’s dismissal from the Navy.

Rep. Bob Filner (D-Chula Vista) has already asked the Department of Defense and the Marine Corps to investigate whether the killing at Camp Pendleton was a hate crime. So far, the Navy, which is leading the investigation, says they have no evidence that Provost’s murder was a hate crime. The Navy has one sailor in custody who “has been linked to the commission of this crime through both physical evidence and his own statement,” according to Navy spokesman Capt. Matt Brown.

A candlelight vigil is planned to honor Provost in front of Camp Pendleton this Friday, July 10 from 7:30 to 9:00 p.m.