I normally don’t respond to DI opinion pieces, because they typically lack arguments cogent enough to warrant response. But today I read this piece about the death of Matthew Shepard 10 years ago, and the lack of “progress” on hate crime legislation since then. For the record, I happen to like the author’s work a lot, and I applaud here for bringing up that October is LGBT history month.
10 years ago, two boys took a homosexual out to an open field, tied him to a fence, beat him within an inch of his life, abandoned him, and a few days later, on October 12th, he died. This Sunday will mark the ten year anniversary.
The victim was Matthew Shepard, and he was killed for being gay.
I had the honor and the privilege of performing in The Laramie Project last fall, a play which was compiled of interviews of people involved in the story of Matthew Shepard, and the town of Laramie, Wyoming where this crime happened. And I had the further honor of performing Dennis Shepard’s statement. The statement Matthew’s father read in court at the trial of Aaron McKinney, one of Matthew’s attackers. I cried the first time I saw the play, when I read it later, when I auditioned for the role, and when I performed that piece. Someone asked me after one of the performances: How can you cry like that?
How can you not?
Dennis Shepard’s statement to the court was made because the prosecution in the trial of one of Matthew’s assailants said that they would defer to the wishes of the family as to whether or not to pursue the death penalty. Dennis Shepard said that Matthew would not want Aaron McKinney put to death.
As I’ve previously written (and you can see in my “LGBT” archive), I am a donor to the Human Rights Campaign, and I’ve used this blog before to talk about my support of LGBT issues. I have advocated for them in the past, and will continue to in the future.
Except for one part of the LGBT agenda: Hate Crime Legislation.
I believe that Americans deserve equal protection before the law. Which is why I support gay marriage, gay rights, and stricter anti-discriminatory legislation.
And it means that I can not support hate crime laws, that impose stricter punishments than perpetrators would get otherwise.
Also, it’s a legislation of thought, I haven’t seen conclusive evidence that it actually deters hate crime, and I think it could establish unsettling legal precedents.
I’ll entertain arguments that it does deter hate crimes, that is enforces the call for tolerance with law, or that perhaps, it is not equal, but that it is fair.
In my eyes, America must be a country so unimpeachable in her defense of freedom that people are free - even to hate.
There are limits to the freedom of expressing that hatred, and they must be enforced. But the truest freedom is the right to govern one’s own mind, and it must be protected, even if that means protecting bigots.
That’s what “equality for all” means. And we must realize that dedicating ourselves to the principle of equality is not without sacrifice.
To me, hate crime legislation is simple. It’s vengeance.
It’s a regulatory expression for hatred of those who hate. And that is a fight that no one will win. We want people to be equal, and that is not without consequence.
It is of the utmost importance that our generation push for tolerance.
And then acceptance.
And then legal equality.
And then real equality.
Hate crime laws make things less equal, not more.
And it doesn’t stop at equal treatment before the law. We must reach out to those who oppose the LGBT agenda with understanding, respect, and compassion. With trust, and even with love.
Those are the better angels of our nature. And the measure by which we ought to judge progress.
Not how hard we punish the unenlightened, the fearful, or the hateful.
In Dennis Shepard’s statement, he specifically says that he does not forgive his son’s killer. In fact, he says the he will never forgive Aaron McKinney. But then he extends mercy to McKinney anyway. Because it was the right thing to do.
It wasn’t hard to cry when I performed the speech as part of The Laramie Project. Nor is it now. Because it’s easy to understand Dennis Shepard’s conflict. He knows the quality of mercy is not strained. But he feels in that moment, that it is straining on those who extend it.
10 years have passed, and important progress has been made. America is making strides towards a truly equal people.
But we are not there yet. We won’t be until we have created a society where what happened to Matthew Shepard, can not happen again. To anyone. For any reason.
We have failed Matthew, in that regard. And we have failed ourselves.
Which only means we must try harder. And we must try in the most loving, the most compassionate, the wisest way possible. Because that is the way that we’ll win.
Rest in peace, Matthew.
We’re trying real hard to make that possible for you. We know you’re disappointed.
So we’ll shape up.