On a dark, rural highway in eastern Arkansas, a black transgendered woman was murdered. Her body was dragged under the car for the length of a football field, apparently because the driver--presumably the killer or an associate, since there were tracks for only one vehicle--ran over the victim's body. In an interview with UALR Public Radio News, St. Francis Co. Sheriff Bobby May
"...conjectured that Tye might have been out looking for sexual encounters at 2:00 a.m., then gotten involved in a liaison that somehow went bad." (link below).Others guess that it must have been a drug deal gone bad. This speculation all despite the fact that the victim, Marcal Camero May, had no criminal record (link below) and had been living as a woman openly in Forest City (St. Francis Co.) Arkansas for many years without any recorded significant trouble.
What was immediately off the table was any possibility in the minds of the sheriff and others was that this was a "hate crime". Of course, there was no such thing in Arkansas as it is one of five states that has declined to create a hate crimes statute--at least not at the time of Ms. Tye's execution.
But there is a hate crime now recognized in Arkansas. On the afternoon of Monday, March 28, the Arkansas House of Representatives overwhelmingly approved (68-19) Senate Bill 214 to criminalize cyber bullying. If someone were to post unkind comments on Ms. Tye's Facebook page, they would now be subject to prosecution.
To be honest, I am not a civil rights lawyer, nor do I watch enough CSI episodes to consider myself an amateur forensics wiz, so I will grit my teeth and not opine about whether the Tye murder was indeed a hate crime. I am also in favor of laws that prosecute deliberately abusive or violent behavior that has a negative effect on an individual or a class of people. Full disclosure: I have worked for 13 years with men who committed domestic violence and wanted to change their behavior, and I was deservedly in batterers treatment for a year before that after my own violence.
What I find distasteful is that the State of Arkansas says, on one hand, that it need not have a statute regarding the abuse or murder of a person committed because that person is, or is perceived to be, LGBT; yet will act swiftly to punish a crime in which the plurality of victims (and majority of dramatic stories getting play on local and network news) are white teenage girls. (see link) Until the recent advent of very inexpensive mobile phones with text and web access, it was the privileged and mostly white youth who had the broadband access by which to be bullied. (*note below)
Perhaps the passage of this bill is the foot in the door to other appropriate hate crimes legislation. Or, perhaps that day will not come until the son or daughter of an Arkansas legislator comes out as gay, lesbian, or transgendered, and tells their parent-legislator that they are being bullied, abused, demeaned, or threatened for who they are.
But such bills have failed before. With the strong rhetoric from Arkansas politicians objecting to the very concept of "hate crime", it may seem safer to that legislator's child to stay silent at home and risk the violence elsewhere that too often comes with being discovered. Ms. Tye was courageous to live as she did. Arkansas and the other 5 states could match her courage and act boldly to prevent such tragedies in the real world, too.
MDT
Tomorrow: The Chrisitian Conservative objection to hate crime laws
*To the question of "Have you ever been cyberbullied in your lifetime?", a larger percentage of whites and females responded "yes" than did to the question "Have you been cyberbullied in the past 30 days?". This could indicate a trend of cyberbullying being aimed increasingly toward non-whites as the digital divide narrows. Still, the narratives receiving media coverage are still overwhelmingly of white female teens.
Tomorrow: The Chrisitian Conservative objection to hate crime laws
*To the question of "Have you ever been cyberbullied in your lifetime?", a larger percentage of whites and females responded "yes" than did to the question "Have you been cyberbullied in the past 30 days?". This could indicate a trend of cyberbullying being aimed increasingly toward non-whites as the digital divide narrows. Still, the narratives receiving media coverage are still overwhelmingly of white female teens.