Washington Post, DC, USA
Sessions should know prosecuting hate crimes against transgender people isn’t enough
By Editorial Board | October 21, 2017 at 7:28 PM
TESTIFYING BEFORE the Senate Judiciary Committee on Wednesday, Attorney
General Jeff Sessions was asked about his decision to deploy a Justice
Department lawyer to help prosecute the killer of an Iowa teenager who
identified as both male and female. The choice is a welcome sign that
the federal government has not entirely left transgender Americans
behind. But, as Sen. Al Franken (D-Minn.)
pointed out to
Mr. Sessions, the aggressive prosecution of a possible hate crime
“doesn’t tell the whole story” about a Justice Department that has also
rescinded protections against workplace and classroom discrimination
toward transgender people.
Family and friends of
16-year-old Kedarie Johnson describe
his gender as fluid: He referred to himself as “he” and “him” but liked
to wear feminine clothing and sometimes went by the name Kandicee with
friends. In March 2016, he was shot dead in an alley in his home town of
Burlington, Iowa. State prosecutors are pursuing charges of
first-degree murder
against the main suspect in the teenager’s death, and the federal
government is investigating the shooting as a possible hate crime.
According to Des Moines County Attorney Amy K. Beavers, Justice Department attorney Christopher Perras is
joining the case
to allow a smoother transition between state and federal prosecutions
should the federal government decide to bring hate-crime charges. It’s
rare for the Justice Department to assign its lawyers to work on state
cases. That Mr. Sessions appears to have
personally requested federal intervention shows a willingness to be forceful in prosecuting crimes against transgender people.
This willingness contrasts with the attorney general’s decision to roll
back protections for transgender people under federal
anti-discrimination law. While the Obama administration argued that
discrimination on the basis of sexuality or gender identity would be
prohibited by laws against sex-based discrimination, Mr. Sessions has
advocated a narrower legal interpretation. In February, he
supported the revocation of guidance defending the rights of transgender students.
To be sure, criminal prosecution is a different matter from an anti-discrimination case. Mr. Sessions has promised to “
enforce hate-crime laws aggressively” as part of his tough-on-crime stance. And he seems to be making good on that promise — even though, as a senator, he
voted against the expansion of hate-crime legislation to include attacks on the basis of gender identity or sexual orientation.
We are glad to see the Justice Department work to bring to justice the killer of a young person who was just beginning to figure out an identity and place in the world. But defending transgender people, often the most vulnerable among us, means much more than bringing charges against those who attack them. It also requires shielding them from harassment at work and school and protecting them from situations — such as being forced to use bathrooms that don’t align with their gender identity — that can lead to violence. If, as Mr. Sessions told Mr. Franken, the Justice Department has “no hostility” toward transgender people, he must also understand that prosecuting hate crimes against them is less than half the battle.
https://www.washingtonpost.com/opinions/sessions-should-know-prosecuting-hate-crimes-against-transgender-people-isnt-enough/2017/10/21/781e354c-b382-11e7-9e58-e6288544af98_story.html