In the age of the coronavirus global pandemic, another pandemic quietly continues to sweep our nation with deadly consistency — the killing of transgender Americans.
Each year for decades, 25 to 30 transgender Americans, usually Black trans women, are brutally murdered with regularity — and impunity. These murders are dismissed or ignored by the general population and a majority of state and federal lawmakers. In 2018, Florida was the epicenter of trans murders. The state led the nation in these horrific crimes as five Black trans women were brutally murdered in Jacksonville, Orlando and Sarasota. So far, in the last three years, at least eight transgender or nonbinary identifying Floridians have been killed.
In the past month alone, a total of five Black transgender women — Brayla Stone, Merci Mack, Shaki Peters, Draya McCarty and Bree Black — have been found dead in four states, bringing the national death toll to at least seven since the beginning of June, a month meant to be a celebration for the LGBTQ community across the country. And, despite numerous policy and protocol resources published by state and national LGBTQ advocacy groups and comprehensive guidance published by the Department of Justice, law enforcement consistently “dead-names” and misgenders the victims, demeaning them in death and impeding their own investigations.
The murder of Bee Love Slater, just outside of Clewiston, Florida, in late 2019 encapsulates the brutal nature of this public health crisis, law enforcement missteps and the complete breakdown of a legal system that is impotent in addressing this epidemic of violence. Bee Love was reportedly shot multiple times, put in an abandoned car and the vehicle set ablaze. Love’s body was “burned beyond recognition,” said the Hendry County Sheriff’s Office. Despite numerous attempts by Equality Florida to provide resources and guidance in reporting transgender murders, Hendry County Sheriff’s Office disregarded calls and emails from the organization and released a flawed press statement that violated DOJ policy and disrespected the victim in death by using the victims “dead name,” and misgendering her with male pronouns.
When law enforcement commits these egregious errors, it disrespects the victim, erases their true gender identity and impedes their own investigation as the victim is known in the community as their authentic self. These flawed actions breed mistrust and discourage locals from coming forward with vital information. In Bee’s case, as with most others in Florida, the murder was not classified as a hate crime.
In fact, few have been solved and few perpetrators brought to justice. In most cases there is a perception of a lack of law enforcement engagement and energy to solve murders of a population that is often perceived as “less than” and having less human worth due to their gender status. As the sheriff of one of the largest agencies in the country put it, “The problem is, these people choose this lifestyle that puts their lives at risk.”
So, how do we stem the tide of this epidemic of U.S. transgender murders? How do we prevent our society from becoming complacent and numb as transgender Black women are being slaughtered at a consistent rate each year? How do we better support transgender advocates frustrated by a feeling of helplessness as the deaths mount each year?
First, we must address the root cause of why our transgender sisters are forced into the extremist of measures to survive. And, just as important, we must deter trans violence by increasing the deterrent by codifying hate crime legislation in Florida. Many cases of transgender murders follow a similar path. Due to overt discrimination, a transgender person falls off the grid, being forced from their job because of their gender identity. They become destitute, lose access to safe shelter, resort to extreme measures like sex work to survive and, as a result, often find themselves in harm’s way. Many end up brutally murdered in a desolate place in the middle of the night.
Work must be done to disconnect this cycle of violence by increasing awareness and inclusion of transgender people in the workplace so they do not face overt discrimination and dismissal simply for striving to live an authentic life. We must create a support system that provides temporary direct funding for food and clothing, shelter when needed, re-employment strategies, inexpensive quality health care resources and mental health support during this difficult transitory life experience.
In addition, as a deterrent, we must strengthen the gaps in Florida’s Hate Crime Statute. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) of 2009 defined that a hate crime occurs when the perpetrator of a crime intentionally selects a victim because of who the victim is. Hate crimes impact the fabric of our society and fragment communities because they target an entire community or group of people, not just the individual victim. Transgender murders, in most cases, should be classified as hate crimes as they are motivated by hate and violence against a group of people — the transgender community. The HCPA gives the DOJ the power to investigate and prosecute bias-motivated violence by providing the DOJ with jurisdiction over crimes of violence where a perpetrator has selected a victim because of the person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.
Hate crimes designation also provides the DOJ with the ability to aid state and local jurisdictions with investigations and prosecutions of bias-motivated crimes of violence. The HCPA authorizes the DOJ to provide grants to state and local communities to cover the extraordinary expenses associated with the investigation and prosecution of hate crimes. It also authorizes the provision of grants for local programs to combat hate crimes committed by juveniles, including programs that train local law enforcement officers in identifying, investigating, prosecuting and preventing hate crimes.
Furthermore, the HCPA requires the FBI track statistics on hate crimes based on gender and gender identity. Sadly, in Florida, transgender hate crimes are seldom reported due to insufficient training or lack of evidence. Also, in Florida, the disconnect in classifying transgender murders as hate crimes is a result of the Florida Hate Crimes Statute not including gender or gender identity.
Transgender advocacy groups are frustrated and deflated. Transgender community leaders are discouraged and seeking solutions to stop the murders. And finally, in this time of national racial unrest and at a point when LGBTQ advocacy is centered in denouncing systemic racism, the issue of transgender violence must be an important part of the conversation. The murder of Black transgender women must end.
Black Transgender Lives Matter. But to whom?
Gina Duncan is Equality Florida’s Director of Transgender Equality and currently chairs TransAction Florida’s Advisory Council and Equality Florida’s Transgender Inclusion Initiative. Duncan is recognized as a national and international spokesperson and educator on transgender rights, public policy and civic engagement. For more information, visit EQFL.org.