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C A L IF O R N IA
ne week into the murder trial of
Newark teen Gwen Araujo, defense
attorneys began laying the groundwork
for an aggressive “trans panic" defense— a
new twist on the old “gay panic” defense.
The 17-year-old trans woman was
viciously attacked and killed by four of
North Carolina school officials illegally censored gay her peers Oct. 3, 2002. Opening state
student candidate Jarred Gamwell’s posters
ments in the murder trial of three of the
men began April 15 in Hayward.
N O R TH C A R O L IN A
Araujo was beaten severely— using fists,
he American Civil Liberties Union ex canned gixxis and a metal skillet— then stran
pressed disappointment April 27 after a gled to death. Her attackers then wrapped her in
North Carolina court denied without explana blankets and hit her in the head with a shovel
before placing her Ixxly in a pickup.
tion its motion to end school officials’ censorship
of a gay junior’s campaign posters promoting his
She was driven to a remote location and
run for student body president. Superior Quirt
buried in a shallow gave near South Dike Tahoe,
where her Ixxly was found two weeks later after
Judge Dwight Cranford issued the decision after
40 minutes of arguments by both sides. *
one of her attackers, Jaron Nabors, 20, confessed
to police. Three men— Michael Magidson, 23,
Jarred Gamwell, 17, said he made the posters
to let other students know he’s gay to show he’d and Jose Merel and Jason Cazares, both 24— are
on trial for her murder. Nabors was also charged
celebrate diversity if elected. The posters— one
with the slogan ‘‘Queer Eye for Hunt High” and
but pleaded guilty to manslaughter and, in
another reading “Gay Guys .Know Every exchange for testifying against the others, was
thing"— were removed by administrators at
promised an 11-year prison sentence.
James Baxter Hunt Jr. High Schtx)! in Wilson
Defense attorneys have claimed that Araujo
last month with no explanation.
“deceived" her attackers and that learning her
Other students’ campaign posters referenc biological sex caused one defendant to become
enraged “beyond ¿pason.” One attorney claimed
ing popular media catchphrases— one that
reads, “What can Brown do for you?” and anoth that no hate crime had been committed.
er stating, “It’s Miller Time!”— were left un
“One reason the defense lawyers think they
Virginia Gov. Mark Warner cannot veto one
disturbed by the school. Gamwell approached
can get away with these arguments is because of
of the nation’s most discriminatory laws
the A C LU for assistance after Principal Bill
pervasively negative stereotypes about transgen
Williamson ordered the removal of the posters
VIRGINIA
der women,” said Christopher Daley, Trans-
and then refused to explain why.
gender Law Q n te r co-director. “Clearly, like all
he General Assembly passed into law
“First my principal took down my posters
transgender people, Gwen wasn’t deceiving any
April 21 one the most discriminatory and
without explaining why, and now this judge has one when she dressed like and presented herself restrictive anti-family and anti-marriage bills in
ruled against me, also without explaining why, as the young woman that she tmly was. And just
the country. The law not only prohibits the state
so of course I’m disappointed,” Gamwell said.
like transgender people in any other context—
from recognizing civil unions, but it also outlaws
"But the support I got from other students at my
work, housing, school, etc.—she was under no
“any partnership contract or other arrangements
schixil t(xlay about this was amazing. People
obligation to disclose her gender identity to any that purport to provide the benefits of marriage.”
cheered for me in the halls, and students who one, including the defendants.”
“The lawmakers have ctxlified second-class cit
have never spoken to me came up to tell me
izen status for hundreds of thousands of Virgini
how great they think it is that I’m fighting this."
ans,” said Dyana Mason, Equality Virginia execu
tive director. “We are not only disappointed, but
n a historic first, the Assembly Judiciary
VERMONT
Committee approved April 20 the ground we are outraged that short-sighted Virginia extrem
he town of Hardwick settled a discrimina breaking Marriage License Nondiscrimination
ists succeeded in condoning discrimination.”
tion claim April 22 after the state’s attor Act by Mark Leno, D-San Francisco. The vote,
Demcx:ratic Gov. Mark Warner amended the
ney general ruled that Vermont law prohibits divided along party lines, was 8-3.
so-called “Marriage Affirmation Act" April 16
discrimination against trans people in employ
This marks the first time in the nation’s his by removing the “partnership contracts and
ment, public accommodations, housing and
tory that a state legislative Ixxly has voted in other arrangements” language. However, the
other areas. In a November 2003 ruling, the
favor of issuing marriage licenses to gay and les assembly rejected those changes and voted to
attorney general found probable cause that
bian couples. The act now moves on to the
pass the original version of the bill, sponsored by
Hardwick illegally fired Officer Anthony
Assembly Appropriations Gimmittee.
Delegate Robert Marshall, R-Manassas. Both
Barreto-Neto because he is trans.
“This is an incredible victory not only for chambers passed the measure by more than a
“The attorney general clearly found that
two-thirds vote— disallowing a veto by the gov
California’s lesbian and gay couples and their
transgender persons are protected under Ver children but for all people who believe in equal
ernor. The measure will become law July 1.
mont’s prohibitions against sex or sexual orien rights," said Geoffrey Kors, Equality Qilifomia
Warner told The Associated Press on
tation discrimination,” said Jennifer Levi of Gay
executive director. “The committee today voted
April 16 that the measure attempts to “violate
& Lesbian Advocates & Defenders, which rep to return California to the definition of marriage
contracts between individuals, whether they are
that existed before 1977, when the Legislature
gay or straight.” He added: “The ramifications of
resented Barreto-Neto in the case. "This is a
groundbreaking decision for transgender people
changed it from a contract between ‘two people’
this could be enormous in terms of their ability
to a contract between ‘a man
to break apart business partner
who have historically been excluded from many
civil rights protections and continue to experi and a woman.’ That law is the
ships. It would move Virginia so
only remaining law in California
far out of the mainstream that
ence pervasive discrimination."
that’s not where I think we
Barreto-Neto was hired at the Hardwick
enacted by this Ixxly that affir
matively discriminates against a
Municipal Police Department in April 2002.
ought to be.”
protected group of Californians.”
After officials found a Web site describing him
OKLAHOM A
as a “transsexual,” town officials presumed his
M A IN E
he House passed an amend-
inability to do the job.
1 ment to the state constitu
The officer was then subjected to a continual
he Legislature took a step
tion April 22 that would deny
pattern of harassment and inferior work conditions
toward equality April 27 by
marriage, civil unions and
so severe he was forced to leave his job. In its rul passing a domestic partnership
domestic partnerships to same-
registry bill.
ing, the attorney general’s office credited testimony
of former Police Chief Gregory Ramho, saying he
The measure will provide Maine Gov. John Baldacci is sex couples, sending it to the
ballot this November.
was directed to make Barreto-Neto so uncomfort inheritance rights, next-of-kin expected to sign a domestic
Nine similar anti-marriage
able that he would have to leave the force.
status, victim’s compensation partnership registry bill
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and guardian and conservator rights to domestic
partners. Democratic Gov. John Baldacci is
expected to sign the bill shortly.
This measure passed the House on April 12
with an 84-58 vote and the Senate on April 27
with an 18-14 vote. If the governor signs the
bill, Maine will become the fifth state to pass a
law providing rights to unmarried couples.
“The Senate’s enactment vote on this bill
reaffirms what we believe is the responsibility of
our elected officials in Augusta— to ensure that
all Maine citizens are treated fairly and equally
under the law,” said Betsy Smith, Equality
Maine executive director.
T
T!