Which Bodies Count When They Are Bashed?: An Argument for the Inclusion of Transgendered Individuals in the Hate Crimes Prevention Act of 1999

Abstract

On average, one transgendered individual is reported murdered every month. This high statistic does not account for hate crimes against transgendered individuals that are either not reported or are misrecorded as crimes motivated by sexual orientation bias. In this Book Review, the author explores this epidemic of violence against transgendered individuals. Juxtaposing two prominent hate crimes-the murders of Matthew Shepard in Wyoming and Brandon Teena in Nebraska-the author exposes the critical differences between hate crimes against transgendered individuals and hate crimes based on sexual orientation and the disparity between the institutional responses each receives. The author argues that these differences warrant the conclusion that hate crimes against transgendered individuals should not be left to fall under the "actual or perceived sexual orientation" provision of the Hate Crimes Prevention Act of 1999, but can and should receive express, individualized attention under the Act's "actual or perceived gender" provision.