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Show 8 Wednesday, January 29, 1992 377 anti-gaylesbian acts of violence in Utah The Signpost By LAURIE M.W1RTH News editor of The Signpost Many people at WSU and around the state believe Utah needs a hate crimes bill that protects homosexuals as well as other minority groups. In 1990 there were 377 cases of anti-gaylesbian violence in the state, 220 were physical attacks, according to statistics from the Anti-Violence Project of the Gay and Lesbian Community Council of Utah. Rep. Frank R. Pignanelli, D-Salt Lake, is sponsoring a bill this legislative session which includes homosexuals among those protected. If passed, the bill will enhance penalties for those convicted of crimes with the intent to harass another because of race, sexual orientation, ethnicity or national origin. Utah is the only state without some kind of hate crimes bill, but only IS states have a sexual orientation clause. 'This state was founded by people fleeing because they were persecuted by virtue of their affiliation, and now we are the only state who doesn't have a hate crimes bill," said Eric E. Mitchell, WSU student, psychology major. Mitchell, who is gay, said he wants people to understand that homosexuals and heterosexuals are protected equally under the bill. "It is not favoring one group over another. It is for all people." Recently, Mitchell was accosted on campus by three men because he was gay. He said it was his first encounter with what could have been a physical attack. "But its a common thing to be called fag or queer or other names," he said. Others in the community have been harassed, fired from their job, called names, accosted, beat up or House Bills 111 ,112 receives scrutiny from some Opposition By SHARON E. COTTLE Staffwriter of The Signpost The emotional debate about Utah's need for a hate crime bill is escalating in the Legislature and the media. Laws to prohibit such crimes and punish criminals have already been enacted. "If Utah has a hate crime bill, then it need to be all-inclusive and all groups must be included-leaming disabled, behaviorally handicapped, physically challenged, working mothers, pregnant mothers, working fathers, students, professors, PTA presidents and all other classifications of persons, for the equality all of Utah's citizens deserve," said L. Glen Cottle, former Weber County representative. According to Cottle, legislating unequal protection through HB112 is not in keeping with the Constitution. House bills 111 and 112 sponsored by Rep. Frank Pignanelli, D-Salt Lake, provide for statistical reporting of hate crimes and enhanced mandatory penalties for a person convicted of a hate crime. Pignanelli created a question about the need for such laws by admitting during a channel 5 debate with Rep. John L. Valentine, R-Orem, that this bill would affect killed because of their sexual orientation, he said. "It's the nature of the crimes that is so unsettling. People hate you. They are afraid of what they don't know," he said. On campus and in Ogden, Mitchell said it is socially, politically and religiously not safe to be openly homosexual.Larry Helmbrecht, WSU psy- r 'A V - chologist and leader for the campus GayLesbian Support Group, said he thinks it s archaic to believe that being gay or lesbian is a choice. "It is something people are and they get punished for being themselves. I know if there's a choice, the choice is to act on their V1; v ; -AJA to Hate Crime bills part of current very few people. "Many of the so-called hate crime bills in other states are simply statistics laws," Valentine said. "In effect, Utah already has a hate crimes law." Sen. Orrin HatchCo-sponsored a federal statictical reporting hate crimes act which passed inl990 and covers all 50 states, said Hatche's aid. HB 112 runs intJ some legal conflict with present Utah state "...immorality zs not an acceptable LUUC3. uiu a IClllli- nology, "sexual orientation" means "consen sual homosexuality or heterosexuality" and runs into conflict with Article 5, sec. 2, as it per tains to the legalization of polygamy, said Valentine, an attorney. Much of the judiciary committee's opposition to the bill is based on unequal protection. Rep. John Arlington, D-Ogden, said, "The hate crime bill makes it a more serious offense to assault certain groups of people because of race, religion and so on. My philosophy is that everybody deserves equal protection. Therefore, I don't see a need for a law that says those people in those categories should receive more protection than I." "I've had many calls for and against the bill. Most people who feelings. It tells them it's not ok to love the people they do. This goes beyond a sexual issue. It's an emotional issue, " he said. He added that an all inclusive bill gives the message that it is not ok to hurt or kill someone because they are different. Mitchell has been involved in "informal lobbying," such as networking and phone calling, to push 5 V - r ' m c ft- r - 1 1 r J . : V , rx for the hate crimes bill, especially the sexual orientation clause. Although Mitchell said he doesn't think passage of the bill will cut down on hate crimes, he believes the national and state exposure will help people know it is something real. "I think it will help people un- have called me opposing my view say they believe in equality. My philosophy is, if they believe in equality, then they are on my side." Arlington says judges presently have the option to impose the maximum sentence allowable for assault, but they usually don't, which is leaving a margin of punishment unused. So why increase penalties with mandatory legisla- standard for Utah..." Joy Beech, founder and director of Families Alert tion when they exist in our present laws? "The ba se of my objection run s to equal protection and this bill does not give protection to everyone. The law should equally protect all people," Valentine said. "The bill gives special status to a group of victims because of their race, religion, ancestry, national origin, ethnicity, or sexual orientation."Opposition to the bill comes from "sexual orientation" as it refers to homosexuals. Some fear that the terminology in the bill would give validity to homosexuals as a derstand homophobia, even within the gay community," he said. As chair of the Martin Luther King State Commission, Forrest Crawford said he believes the hate crimes bill is an appropriate piece of legislation for the time. He said a goal the governor has asked the commission to focus on is 'how to impact change in society through 0 ' L 1 1 ... Aw m 7 r- ! A s non-violence.' There are hate crimes and especially ethnical violence on college campuses, he said. "Including sexual orientation is an important part of this legislation, and it's not ok without this (clause). Hate crimes bills need to be all-inclusive," Crawford said. separate minority group in Utah with all the rights given to Hispan-ics, Blacks and other minorities. Joy Beech, founder and Executive Director of Families Alert and co-president of American Families Association, and her group members oppose the bill. "One of the big objections in the bill is that it makes many forms of immorality acceptable by this " legislative mandate. Immorality is not an acceptable standard for Utah," said Beech. "To accept immoral acts often times leaves the perpetrators hopeless," she said. "Giv- ing special protection to those who practice behavior judged immoral by the majorioty of our society would violate the social contract and threatens to undermine our quality of life," said a WSU professor. "I have to be blunt; I feel that white non-Mormons feel more ostracized than blacks," said WSU black student, LaTonya Johnson. "I feel that we are set apart naturally." Johnson, a senior, said she couldn't remember if it was Alabama or Mississippi where hate crime violators are required to give community service to public insti Research shows that people who commit hate crimes not only commit them against homosexuals, but also against other groups, he said. "It's a prejudice. The impact of violence is the same to someone who is black as it is to someone who is gay. One group is not more traumatized than another," he said. Crawford said his definition of prejudice is 'being down on something, (a person's) not up on.' The general public is not aware of the issues of those involved in hate crimes. "Most important is the need to understand the nature of prejudice. It is a sophisticated and powerful concept we haven't fully understood. One way to curb prejudice is to understand the nature of it," he said. Crawford said minorities are increasing in Utah and there is a need to demonstrate a sensitivity and awareness of the values of those groups so "we cancross-culturally exist together." The state Martin Luther King Commission has written a letter of endorsement for the bill, has sent letters to groups signifying their support, and has lobbied the state judiciary committee. The bill protects an important interest. "It's bad enough to be assaulted but it's worse if you know the reason for the assault or vandalism is motivated by a characteristic you can't do anything about. There's more pain, fear and humiliation," said BarryGomberg, director of Affirmative Action Equal Opportunity. Mitchell has helped push for the GayLesbian Support Group that began meeting on campus this quarter. He said there is a need for it at WSU. "Every other campus has it. We need a place where people feel safe being who they are." (See VIOLENCE page 9) debate tutions. "I think that would be more helpful than incarceration," she said. HB 112 expands enhanced hate crime penalties to include teens 14 and older convicted of committing a hate crime. Teens could then be tried in circuit courts as adults on felony charges. Children are often the object of ridicule and persecution by their peers for being different learning disabled, behaviorally disabled and physically handicapped. Can legislation of enhanced penalties prevent abuse? A resource teacher in Kaysville doesn't think so. She set up a program for all children in the school to allow them opportunities to explorethecircumstances of those who are different. "The thing that worries me about the bill is that when you try to protect someone with preferential treatment, it creates hate toward them. It is true that they need to be protected, but so does everyone," Cottle said. "It has to be fair, you can't legislate respect. You can't get something for nothing, there has to be some responsibility to go with it,"he said. Valentine agrees, "Legally, special treatment of a group of victims creates an unequal protection of the law." |