President Obama today signed the Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act which was apart of the 2010 Defense Authorization bill. The new legislation adds sexual orientation, gender, disability, or gender identity to existing hate crimes laws.

Joe Solomnese of HRC and Judy Shepard respond to the signing…

“This law honors our lesbian, gay, bisexual and transgender brothers and sisters whose lives were cut short because of hate,” said Human Rights Campaign President Joe Solmonese.  “Today’s signing of the first major piece of civil rights legislation to protect LGBT Americans represents a historic milestone in the inevitable march towards equality.  Although this is a major step in fighting the scourge of hate violence, it is not the end of the road.  As a community, we will continue to dedicate ourselves to changing not only laws but also hearts and minds.  We know that hate crimes not only harm individuals, but they terrorize entire communities.  After more than a decade of advocacy, local police and sheriffs’ departments now have the full resources of the Justice Department available to them.”

“We applaud President Obama for signing this bill into law and thank the leadership and our allies in the House and Senate.   We also will always remember the tireless efforts of Senator Edward Kennedy on this issue.  Senator Kennedy once said that this legislation sends ‘a message about freedom and equality that will resonate around the world.’   This marks the first time that we as a nation have explicitly protected the LGBT community in the law.  And this law sends a loud message that perpetrators of hate violence against anyone will be brought to justice,” said Solmonese.

“We are incredibly grateful to Congress and the president for taking this step forward on behalf of hate crime victims and their families, especially given the continuing attacks on people simply for living their lives openly and honestly,” said Judy Shepard, executive director of the Matthew Shepard Foundation.  “But each of us can and must do much more to ensure true equality for all Americans.”

A more formal ceremony is planned for later today.

In a profanity filled tirade in NYC this week, Mickey Rourke lamented the use of the f-word… faggot that is. Warning, NSFW at all…

Pathetic human being. Can I have my money back for the Wrestler? I don’t care how much I enjoyed it. And we soon have to suffer him in the new Iron Man movie.

President Jarrett Barrios of GLAAD was swift to respond…

“This is a slur that, regardless of what Mickey Rourke has convinced himself that it means, is often the last word that gay people, and gay youth in particular, hear before they’re bullied, harassed or assaulted.

Rourke is showing himself to be painfully ignorant of how this vulgar, abusive slur feeds a climate of anti-gay hatred, intolerance and violence. Rourke either needs to figure this out, or media needs to stop giving him a platform for promoting these kinds of slurs.”

Rourke also received a lot of negative press last November when he threatened to break a “faggot” writer’s legs.

Update: Jonathon Campos has committed suicide.

Navy petty officer Jonathan Campos has been charged with the murder of August Provost III, a gay sailor who was shot multiple times while standing guard duty at Camp Pendleton in San Diego. Provost had confronted Campos as he attempted to break into a secure compound and set fire to a hovercraft.

“The Navy lost a well-respected sailor who was standing his assigned watch, who was standing at his appointed place of duty,” Capt. Matt Brown, a Navy Region-Southwest spokesman in San Diego, said during a news conference at Naval Base San Diego. Provost was training to go on his first deployment later this year.

Brown refuted allegations that Provost’s shooting was a hate crime, a charge raised by some of the sailor’s relatives and friends because Provost had not hid his homosexuality or bisexuality from others and reportedly had complained that he had been harassed.

“No information has been gathered to date to support allegations of a hate crime or a crime that was gang related,” Brown said, adding that the command had received no complaints from Provost of harassment.

Brown said he didn’t know if Campos and Provost knew each other well in the 500-member unit.

Campos has recently been arrested for DUI, and is now alleged to have committed other illegal activities,  including the “use of psilocybin mushrooms, and breaking into another service member’s home to steal $5,400 worth of electronics, jewelry and a .45 caliber pistol.”

Campos is now facing ten criminal charges, including murder, arson, attempted arson, wrongful possession of a concealed and stolen firearm, unlawful entry and stealing military property.

An aunt of August Provost III, a gay sailor who was killed on guard duty at Camp Pendleton in San Diego last month, suggested that that her nephew may have been murdered by another closeted sailor for fear of being outed.

Rose Roy, of Beaumont, the sister of Provost’s father, said in a phone interview Tuesday, July 14 that she’s “not at liberty” to identify the source who provided the information to the family. But Roy said the source told the family Provost had a heated argument with the suspect a week before his murder, and that the sailor now being held as a person of interest by the Navy has a history of mental illness.

“This guy went the extra mile to make sure that my nephew would never be able to speak about his [the killer’s] sexuality,” Roy said. “My nephew died for reasons other than what the military is saying.”

This new wrinkle in the story marks a departure from allegations that Provost was the victim of a hate crime because he was gay.

I have been reluctant to cover this story (except when it first happened) because I didn’t want to jump on the bandwagon with everyone else and label Provost’s murder a hate crime until all the facts were known. I think there is tendency, albeit an understandable one, that the first thought we have any time an LGBT person is murdered, or dies under mysterious circumstances, is that it must be a hate crime. I think most of us are hardwired to think that way considering the hate and violence our community has and continues to endure. I think we are even more predisposed to think so in this case, because the military is involved. A military that practices open discrimination against the LGBT community in the form of Don’t Ask, Don’t Tell.

In this case the allegations made by the LGBT community and family of August Provost are at odds with statements made by the military in an investigation that is still ongoing, with a person of interest in custody. The military’s refusal to be more open about the incident during an internal investigation has fueled the fires of a coverup. And as details continue to trickle out about the case, from other sailors and Provost’s family members, it becomes less and less clear what the truth really is. Is it a military trying to cover its ass? Or is it a family and community so wracked with grief that the only way to assuage it is to lash out a known enemy?

I think it would be wise to exercise caution, particularly in cases where not all the facts are known, before assuming any crime is a hate crime.  Sometimes it is blatantly obvious. Sometimes it is not. In those cases we need to be more careful. I would rather not arm our detractors with the ammunition they need to repeal (the hopefully soon to be passed) hate crimes laws because many of the cases were ultimately deemed frivolous or unfounded.