Bill would expand hate crime laws to transgender people

MICHELLE RINDELS, Associated Press

Monday, March 7, 2011 | 10 p.m.

Crimes against transgender people would merit stronger penalties if a bill to expand Nevada's hate crimes law passes.

Sen. David Parks, D-Las Vegas, pushed SB180 Monday to add crimes based on "gender identity or expression" to existing hate crime legislation, which includes crimes based on sexual orientation.

Reno mother Elvira Diaz gave a tearful testimony saying the bill would help protect people like her 6-year-old child Jessie, who biologically is a girl but prefers to dress like a boy and use the men's restroom.

"We're all kids of God," said Diaz, who is also a community organizer for the Progressive Leadership Alliance of Nevada, or PLAN. "I believe my little Jessie has the right to express himself."

But others said the bill treats certain crime victims as more valuable than others. Orrin Johnson with the Washoe County Public Defender's Office said the language of the bill was too vague, and it would be difficult to determine if a crime was based on the broad concept of gender expression.

"No individual should be murdered for any reason at all," Johnson said. "We shouldn't pick and choose and diminish one group of victims to raise up another group of victims."

The argument hit home for Lynn Chapman, whose brother was run over with a log loader vehicle and killed seven years ago by a "someone who hated him."

"My brother doesn't fit into a special group that would have enhancement," Chapman said. "Why not? He's just as dead."

Hate crime laws attach additional "aggravations" to a conviction. If SB180 passes, it could make more people eligible for death penalty trials, which take longer and cost more than other trials.

Some opposed the bill because they are morally opposed to capital punishment.

But for proponents, who described transgender people raped, killed, and disparagingly labeled "an it," the measure was "very important legislation."

"Fifteen transgender people are killed each year in hate crimes in this country," said Andrew Davey of the Nevada Stonewall Democrats. "This bill will mean the difference of life and death for many Nevadans."

No vote on the bill was taken by the Senate Judiciary Committee.