Crime and Hate

Ally Lee Steinfeld had been missing since early September. Her body was found recently, mutilated and burned. She was 17.

Her death made Steinfeld at least the 21st transgender person killed in the United States this year. A record high of 22 murders were captured by the Human Rights Campaign last year.

We have to do better.

Steinfeld’s case is not being pursued as a hate crime. The sheriff overseeing the case told the Associated Press: “You don’t kill someone if you don’t have hate in your heart. But no, it’s not a hate crime.” That talking point was echoed by the prosecutor in the case, who told Time: “I would say murder in the first-degree is all that matters. That is a hate crime in itself.”

Perhaps this is accurate in a practical sense – in Missouri, where the crime took place, first-degree murder is punishable by execution or life imprisonment. A hate crime charge would be unlikely to add penalty.

Such comments, however, miss the point. A woman is dead. We have to do better.

Some advocates have even started to question whether hate crimes prosecution is an effective strategy. As one ACLU lawyer put it, “I worry that what hate crime laws do is narrow our focus on certain types of individual violence while absolving the entire system that generates the violence.”

And that’s the thing – it is a problem with the entire system. We are all culpable in perpetuating the gross transphobia of our society – through violent transphobic acts, through subtle jokes and misgendering, or by being complicit through silence while such hateful acts take place.

We have to do better.

Personally, I’m not prepared to abandon hate crime legislation just yet – whether adding to a punishment or not, ignoring the hate of a crime seems to implicitly indicate that while the crime may be punishable, the hate itself is sanctioned. But I’ve met a lot of good, smart lawyers who tell me that sometimes you have to sacrifice framing in the legal system – you go for the toughest penalty you can go for.

I do not know whether we can best accomplish our work through hate crime legislation or through other modes of advocacy. I only know that we have to do better.

We tell young women that they can be anything, that they can do anything. That they should shut down the haters and embrace their true selves. We tell women that it is their right in the 21st century to be the person they want to be. We tell them this is America. We tell them they are free.

Three months before she died, Steinfeld posted to Instagram: “I am proud to be me I am proud to be trans I am beautiful I don’t care what people think.”

We have to do better.

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