Getting Away with Murder Aaron
Getting Away with Murder Aaron McKinney was recently convicted of second-degree murder for his role in the fatal bludgeoning of Matthew Shepard on October 6th of last year. During the opening statements of his trial, McKinney's attorneys argued that a homosexual advance from Shepard brought back a traumatic childhood experience which triggered "five minutes of emotional rage and chaos" (Cart "Rests" 1). The claim invoked, which was ultimately rejected by the judge presiding over the case, is known as the "homosexual-panic" or "gay-panic" defense. According to the Harvard Law Review, this defense, a manifestation of the temporary insanity plea, is "premised on the theory that a person with latent homosexual tendencies will have an extreme and uncontrollably violent reaction when confronted with a homosexual proposition" (Stryker 2). The homosexual panic defense-based on the premise that internal homophobia justifies cold-blooded murder-is one of the sad symptoms indicative of the homophobia that exists in American society today. Homophobia is one of the few prejudices that is still very visible in modern society. Only recently have gay rights become a topic of national concern. Thirty years ago, police raids on gay bars were a fact of life. "You took then for granted," says activist Joan Nestle, a writer and activist who started going to Greenwich Village bars as a teenager in the 1950s (Swift 2). So when the patrons of a bar called the Stonewall Inn on June 27, 1969 fought back-attacking police with rocks, bottles and fists-that startling act of defiance became an instant watershed event. Despite the civil upheaval that weekend, "the event that would become known as the birth of the gay moveme...
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...uld not allow this defense of extreme hatred to stand in cases involving attacks against gays. Homophobic hatred cannot be employed as an affirmative defense for criminal acts. Not only is this morally wrong, but the costs to the nation are simply too high if we allow juries with individual prejudices make such critical decisions. We still have a long way to go in the fight against homophobia, but the justice system can act as a catalyst in this process by refusing to allow this defense to exist. There must be an end to the use of the homosexual panic defense; it can no longer be used to excuse the brutality and murder in our society. Judges around the nation must follow the example of Judge Barton Voigt in Aaron McKinney's case and simply reject this specious defense. We should be proud of how far we've come but we must be aware that we still have a long way to go.
Life for most homosexuals during the first half of the Twentieth century was one of hiding, being ever so careful to not give away their true feelings and predilections. Although the 1920s saw a brief moment of openness in American society, that was quickly destroyed with the progress of the Cold War, and by default, that of McCarthyism. The homosexuals of the 50s “felt the heavy weight of medical prejudice, police harassment and church condemnation … [and] were not able to challenge these authorities.” They were constantly battered, both physically and emotionally, by the society that surrounded them. The very mention or rumor of one’s homosexuality could lead to the loss of their family, their livelihood and, in some cases, their lives. Geanne Harwood, interviewed on an National Public Radio Broadcast commemorating the twentieth anniversary of the Stonewall Riots, said that “being gay before Stonewall was a very difficult proposition … we felt that in order to survive we had to try to look and act as rugged and as manly as possibly to get by in a society that was really very much against us.” The age of communist threats, and of Joseph McCarthy’s insistence that homosexuals were treacherous, gave credence to the feeling of most society members that homosexuality was a perversion, and that one inflicted was one to not be trusted.
As I was completing this assignment, I was watching the infamous Netflix documentary entitled Making a Murderer. The documentary follows the story of Steven Avery, who is currently in prison for the death of a woman, Teresa Halbach, in 2005. Steven Avery has been denying any involvement in the murder of Teresa Halbach for the past eleven years. In the middle of the reading, the documentary was exploring and analyzing Steven Avery’s deviant behavior as a young man (Making). As I observed what was being discussed about Steven Avery, I was able to build the connection between how society, and the community from which he came from, perceived Steven Avery and what Kai Erikson discussed in the first couple pages of the book with regards to deviance and its relation with regards to society.
““Anger had no place among homosexuals of those years, only fear. Not only fear of the police but fear of himself”(Shilts, 4). Being gay was such a bad thing back then that even gay people feared themselves. I think a lot of people ask the question “well how come no one ever just spoke up and fought back?” In reality, it’s not that simple. People of the minority carried immense fear and felt such a burden about it because there’s nothing they can do it “fix” it. I also think it’s important to remember that Harvey always kind of knew he was going to be killed because of what he believed in. “This is Harvey Milk… This is to be played only after the event of my death by assassination… I fully realize that a person who stands for what I stand for, an activist, a gay activist, becomes the target or potential target for a person who is insecure, terrified, afraid or very disturbed with themselves”(275). This is just a pattern in history. You can look at almost any person who fought for justice in a social movement and a lot of them end up dead. If not dead, almost all have had multiple death threats thrown their way. Harvey knew this fact and he knew that it was a possibility. It goes to show how scary standing up for what you believe in is and why it’s not as easy just to fight
In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public attention and quite a large number of briefs were filed in the cases.
The media considers the1969 Stonewall Riots in New York City the spark of the modern gay rights movement. This occurred after the police raided the Stonewall bar, a popular gay bar in Manhattan’s Greenwich Village. Allyn argues that the new energy and militancy generated by the riot played a crucial role in creating the gay liberation movement. Arguably, the Stonewall Riots have come to resemble the pivotal moment in gay rights history largely because it provided ways for the gay community to resist the social norms. In fact, the riots increased public awareness of gay rights activism (Allyn 157). Gay life after the Stonewall riots, however, was just as varied and complex as it was before. In the following era, ho...
Many people claim that the violence happenes not because of sexual orientation, but because it is just an act to be committed. According to the Human Rights Campaign, crimes against homosexual people resulted in four deaths in 1998 alone. James Ward, a thirty-seven year old male from Arkansas, was stabbed to death in his own home by eighteen year old Jeremy Legit. Legit claimed that Ward made two sexual advances toward him. He was sentenced to twenty years. In Honolulu, a man was beaten to death by a group of teenagers in a public shower because they believed he was gay. They were sentenced to five years in custody. In September, a transgender female was stabbed repeatedly with a broken beer bottle and set on fire. Christopher Lopez and Christopher Chavez spent five months in jail before all charges were dropped by the Fresno Police Department. On October 12, 1998 Matthew Shepard, an openly gay student at the University of Wyoming was beaten, tormented, tied to a fence, and left to die in freezing temperatures. The two men were sentenced to life in jail, only after the media had covered the trial and the whole world knew of the att...
Homophobia has been a problem for a very long time, all across the world. For example, during the Holocaust, in which homosexuals were forced to wear the “Pink Triangle”, a pink, upside down triangle, on his or her coat for identification. Of course, the pattern of homophobia is not only shown throughout world history, but American history as well. For example, sodomy laws, laws that rule certain sexual acts as crimes, were established as early as 1963. The penalty for these laws varied from state to state. Some of the punishments include: two to ten year imprisonments or two thousand dollar fines. The cruelty of these homophobic actions should not be accepted any longer. It encourages bullying, denies human beings their civil rights, and continues to foster a mentality of indifference and intolerance towards our fellow man.
...hose people who are lesbians or gays to act out for acceptance. They sell drugs, they smoke it, they become strippers or they even commit suicide because they are being suppressed and abandoned by the people they love. Women have been suppressed for too long. Because of this rejection they feel from the people they love, the chances for them to do criminal activities are high. People will watch them because they do not yet understand. The justice system will watch them because it isn’t considered lady like. A woman even doing a criminal act isn’t considered a “lady characteristic”, that is why female juveniles are heavily supervised! Once these girls are in the justice system, the physical abuse doesn’t stop. If a girl does let the justice system know that she is a lesbian or bisexual she would be forced to be separated from the other females and forced to be alone.
The Stonewall Riots marked the start of the gay rights movement, and inspired members of the gay community to fight for their rights instead of being condemned for their sexuality. Even today, gay people in the US use the incident at Stonewall to educate younger members of the gay community. "The younger generation should know about Stonewall so that they will realize it is possible to make change. It is possible to overcome entrenched, institutionalized prejudice, discrimination, and bigotry. And that they can live full equal lives." (Frank Kameny, aarp.org) This is the message that many members of the gay community continue to spread after the incident at the Stonewall Inn.
The women fought back and stabbed him because he was choking them and causing serious harm. Dwayne Buckle beats women and is homophobic. The film reveals that Dwayne Buckle posted on a website his views on same-sex relationships. He states, “We are not saying all gay causes are wrong. But we don’t feel it’s the same as civil rights, seems more like devil rights to us…80% of serial killers are homosexual”(00:29:28-00:31:02). The jurors disregarded this information even though it’s a clear motive for his behavior that night. The jurors in the case did not get the full picture of what occurred that night but they along with the media and prosecution went on racialized fears of gang violence. The media and prosecutors described the women as violent gang members. Attack of the Killer Lesbians, Lesbian Wolf Pack Guilty, and Girls Gone Wilding, were all articles from the New York Post and New York Daily News that portrayed the women as vicious thugs. What we view to be true in the media is in many ways a social construct. The media usually paints a one sided picture that we should claim to be
As stated on www.religioustolerance.org, a study of gay, lesbian and bisexual adults showed that 41% reported being a victim of a hate crime after the age of 16. Assuming that 5% of all adults are homosexual or bisexual, this would mean that about six million of them had been victimized during their lifetime out of a total group population on the order of 15 million Americans. However, only about 1,200 hate crimes were actually recorded by police per year. One is forced to conclude that almost no hate crimes are reported to the police by gays and lesbians. These statistics are horrifying and show that this problem is immensely wide spread.
The history of the gay rights movement goes as far back as the late 19th century. More accurately, the quest by gays to search out others like themselves and foster a feeling of identity has been around since then. It is an innovative movement that seeks to change existing norms and gain acceptance within our culture. By 1915, one gay person said that the gay world was a "community, distinctly organized" (Milestones 1991), but kept mostly out of view because of social hostility. According to the Milestones article, after World War II, around 1940, many cities saw their first gay bars open as many homosexuals began to start a networking system. However, their newfound visibility only backfired on them, as in the 1950's president Eisenhower banned gays from holding federal jobs and many state institutions did the same. The lead taken by the federal government encouraged local police forces to harass gay citizens. "Vice officers regularly raided gay bars, sometimes arresting dozens of men and women on a single night" (Milestones). In spite of the adversity, out of the 1950s also came the first organized groups of gays, including leaders. The movement was small at first, but grew exponentially in short periods of time. Spurred on by the civil rights movement in the 1960s, the "homophile" (Milestones) movement took on more visibility, picketing government agencies and discriminatory policies. By 1969, around 50 gay organizations existed in the United States. The most crucial moment in blowing the gay rights movement wide open was on the evening of July 27, 1969, when a group of police raided a gay bar in New York City. This act prompted three days of rioting in the area called the Stonewall Rio...
The ruling of Baehr vs. Lewin was a victory for gay rights activists, hope for other states searching for the same freedom, and disappointment for opponents of same-sex marriage. Yet this victory was short lived (until complete legalization in November 13, 2013) since the state appealed the lower court’s decis...
The homosexual community faced, and still faces many hardships. Homosexuals are constantly being judged based on their feelings and beliefs. Many homosexuals and supporters believe this is not fair, especially the ones in Ame...
When one hears the words “LGBT” and “Homosexuality” it often conjures up a mental picture of people fighting for their rights, which were unjustly taken away or even the social emergence of gay culture in the world in the1980s and the discovery of AIDS. However, many people do not know that the history of LGBT people stretches as far back in humanity’s history, and continues in this day and age. Nevertheless, the LGBT community today faces much discrimination and adversity. Many think the problem lies within society itself, and often enough that may be the case. Society holds preconceptions and prejudice of the LGBT community, though not always due to actual hatred of the LGBT community, but rather through lack of knowledge and poor media portrayal.