Some Jackson, Mississippi racists decided to beat the crap out of James Craig Anderson and then run him over with their truck. Now Anderson’s partner of 17 years James Bradfield wants to file a wrongful-death lawsuit against the murderers but he can’t because “under Mississippi law, same-sex partners have no claim in civil actions like this.”
Makes you wonder how the lesbian widow suing the Indiana State Fair will do.
Image via Ken Lund
Jude
Maybe trial Federal court, as it is a matter of discrimination.
Mike
The lesbian couple at the Indiana state fair were not married or even “civil unioned.” They were engaged. So, it’s a much tougher scenario.
Cam
Gee, what a shocker, the same state where a school organized a fake prom to try to trick a lesbian student into missing their prom doesn’t have gay friendly laws.
Mike
yet another good argument for marriage equality.
the crustybastard
@Jude:
Waste of time. Legally, they are strangers.
And even if Mr. Anderson and his partner possessed a valid but foreign (out-of-state) civil marriage contract (they didn’t), DOMA would excuse the feds from compelling Mississippi to respect that civil contract because (a) the contract was entered into by gay persons, (b) by their identity gay persons lack the capacity to enter such a contract, because (c) a law that uniquely and disables gay persons in this regard is fully Constitutional because Congress has the power to determine the “extent” of the Full Faith and Credit Clause, and (d) the extent of the Constitution’s protection may be circumscribed to exclude gays.
While this outcome is shocking, it is precisely the outcome the overwhelming majority of Democrats — including DNC icons like Joe Biden, Harry Reid, Paul Wellstone, Tom Daschle, Chris Dodd, Pat Leahy, Patty Murray and Barbara Mikulski — crossed aisles to join Republicans in fast-tracking into law in 1996. It is precisely the outcome the previous Democratic President, Clinton, proudly endorsed and campaigned on. It is precisely the outcome the recent Democratic supermajority ignored for the two years they had the power to change it. It is precisely the outcome the current Democratic President, Obama, defended as “a cautious policy of federal neutrality” in court.
I used to vote for Democrats generally because they insisted this law and these sorts of outcomes are abhorrent, unconstitutional, and must be eliminated. Now I will no longer vote for Democrats generally because for the last 15 years they’ve conceded it’s fucked up, and they were wrong to support it, but they cannot bother to actually do anything about it.
Clearly, we’re gonna get “meh, we’re not going to do shit about DOMA” regardless of whether Democrats or Republicans are in power.
Jewed Law
How is this racist? Did I miss something?
perdeep
@Jewed Law:
Click the link in the article where “run him over with their truck” is hypertext. Sounds like a lynching. 🙁
bingles
I am new to Mississippi but I have been down here long enough to hear about the story, and have inside information since I date a dougnut dunker 🙂 The guy was killed not based on race but based on what he was doing at the time and place. Yes the Mississippi laws suck here when it concerns Gays as they do in many other states. Yes there is racism down here, however its not as bad as it is portrayed by media or people that don’t live here. There is actually a progressive part of Jackson known to straight people as the gay district.. but who cares. I just hate it when the race card is being played especially when there are no grounds for it.
Chitown Kev
@bingles:
Excuse me, the kid Dedmon (there hoes the name theory again!) reportedly said that he was going to mess with some “niggers” or something to that effect.
He reportedly said “I killed a nigger” after he ran Anderson over.
No doubt in my mind that the overwhelming component to this crime was the color of Anderson’s skin.
However, I have been wondering if there were anything that made Anderson stand out. For a homophobic racist like the accused asswipe, to kill a “faggot” and a “nigger” is a twofer, I guess.
Nunya Bizness
@bingles:
Please elaborate on this statement: “The guy was killed not based on race but based on what he was doing at the time and place.”
What was he “doing” that warranted getting robbed, beaten and then ran over by a pickup truck?
And — the shouts of “white power” that were witnessed had nothing to do with race, huh?
And — what about the original statements of those involved that, in a state of riled-up drunkenness, they were purposely going to that side of town to harass — insert pluralized n-word slur here– ? The prosecution is currently trying to corroborate this motive based on those original statements; which indicates some validity that must be considered until disproved.
This whole incident goes way beyond the playing of a “race card”. It’s direct, fatally violent racism (or homophobia – which ranks as equally evil, in my opinion). Someone was killed by a stranger, not because of a deed or slight — but strictly because they fit within a profile targeted as hatefully undesirable in the mind of the assailant. That would be a hate crime… and smacks of some form of “ism” or “phobia” no matter how much you wish to sugarcoat it.
the crustybastard
@bingles:
So noting that a white gang crushed a black man with a truck while yelling “WHITE POWER!” and “NIGGER!” might imply a racially motivated crime is “playing the race card”?
Honestly? A racially motivated crime in MISSISSIPPI? That’s unpossible.
Yes, I’m sure you and your donut dunker must be right. It’s just nutty to think this might be a bias crime. Poor white fellas, unfairly accused again. They’re the real victims, amirite?
Fake?
The lesson here? Don’t live in Mississippi. If the nation had arms to reach back and wipe its fetid, shit-stained hole… It’s likely that area of the country would be where they’d aim. But since the damage has been done, let’s talk arson…. >:D
JayKay
Funny how leftists are quick to scream about this attack being motivated by race, but have remained utterly silent on the recent outbreak of anti-white violence being committed by gangs of young black thugs.
Kenny
9/11 proves that gays are no different straights. Our community is compromised of people with all sorts of varying views & opinions. From passengers like Bingham to the gay parents who were flying with their young son on one of the planes that hit the WTC, our community lost many members that day, in the buildings, on the streets, & aboard the planes. They left behind heart broken & devastated families.
delurker
@bingles: You filthy, disgusting, racist shithead. Put up or shut up.
delurker
@JayKay: Haha, white victimhood is fun. Enjoy reveling in that, you freak.
Dave
@JayKay:
How funny it is that you would call anyone who points out anti-black racism as “leftists.” You have no idea what the political beliefs are of the commenters. No one identified himself or herself as being a Democrat. Moreover, the last time I checked, I did not realize that being a conservative or Republican or member of the right meant that one could not denounce racism. I think this will come as something of a shock to many on the right who abhor racism and antisemitism.
That said, unlike yourself, most of the people who commented actually read the linked article that states the murderer called the dead man a “n**ger” and screamed “white power.”
Any congratulations, you have just outed yourself as a racist. I think every one who reads this article will have a greater understand of your motivations.
Syl
It’s a federal issue since it violated federal statutes:
“The 1964 Federal Civil Rights Law, 18 U.S.C. § 245(b)(2), permits federal prosecution of anyone who “willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other person’s race, color, religion or national origin” [1] because of the victim’s attempt to engage in one of six types of federally protected activities, such as attending school, patronizing a public place/facility, applying for employment, acting as a juror in a state court or voting.
Persons violating the 1969 Federal Hate Crimes Law face a fine or imprisonment of up to one year, or both. If bodily injury results or if such acts of intimidation involve the use of firearms, explosives or fire, individuals can receive prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can be punishable by life in prison or the death penalty.[1] U.S. district Courts provide for criminal sanctions only.”
“The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, also known as the Matthew Shepard Act, is an American Act of Congress, passed on October 22, 2009,[1] and signed into law by President Barack Obama on October 28, 2009,[2] as a rider to the National Defense Authorization Act for 2010 (H.R. 2647). Conceived as a response to the murders of Matthew Shepard and James Byrd, Jr., the measure expands the 1969 United States federal hate-crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity, or disability.[3]
The bill also:
* removes the prerequisite that the victim be engaging in a federally-protected activity, like voting or going to school;
* gives federal authorities greater ability to engage in hate crimes investigations that local authorities choose not to pursue;
* provides $5 million per year in funding for fiscal years 2010 through 2012 to help state and local agencies pay for investigating and prosecuting hate crimes;
* requires the Federal Bureau of Investigation (FBI) to track statistics on hate crimes based on gender and gender identity (statistics for the other groups were already tracked). [4][5]
The Act is the first federal law to extend legal protections to transgender persons.[6]
Mike
It’s not surprising news but sad nonetheless. I think we’ll be covering it in an opinion piece in our October issue. -Out on the Town Magazine, Mississippi’s GLBT Magazine http://www.outonthetownmag.com
the crustybastard
@Syl:
The Matthew Shepard Hate Crimes Prevention Act does nothing to prevent crime. It is merely a sentencing enhancement.
It also does nothing to permit the victim’s gay partner to become party to any suit or receive any compensation, which is the issue at hand.
It also does nothing. The Act has yet to be applied to the prosecution of a hate crime against an actual or perceived LGBT victim.
However, in fairness, in the years since it’s passage, Obama’s Justice Department has probably been too busy defending the validity of the military gay ban, defending the Constitutionality of DOMA, fighting court orders allowing federal employee Karen Golinski’s wife to be added to health insurance, and throwing the book at Dan Choi to have time to tackle the prosecution of a gay hate crime.
Sarah Land
This is true in any state where gays have no legally recognized partnership: marriage, civil union, domestic partners, etc. Legally they are strangers. My friend was unable to sue after medical negligence contributed to the death of her partner. Sounds like it was a hate crime based on race, with homophobic undertones. Very sad and infuriating.
Chrisr
Sue the state of Mississippi for not allowing you to sue the murderers…
the crustybastard
@Chrisr:
State will claim “sovereign immunity,” court will agree, case dismissed.
Look: there is no legal recourse available. Stop looking. Gay Americans today are in a legally similar place as black Americans were when Plessy v Ferguson was decided. There is no real political recourse available either. Legislatures are overwhelmingly against us. Courts are overwhelmingly against us. Executives are overwhelmingly against us. Yes, the deck is stacked. No, it is not fair. And the worst thing about it is that nothing is really going to change until we start organizing and demonstrating to straight America that we’re not going to put up with this shit any more.
Democrats would insist that the solution is to embrace the status quo and continue to re-elect the party that was instrumental in creating the problem, and trust them that THIS TIME they really, really will do something about it, pinky-swear and everything. It’s nearly as bugfuck insane and insulting as any argument GOProud puts forward.
Haley
Lmfao at all of you.
It wasnt against race. Just because the guy called him a nigger.
Whoopie shit…
If a black person is fighting a white person don’t they blurt out cracker and white blah blah blah???
Exactly!!
The guy shouldn’t have tried to screw over someone. That’s why he got his ass whooped. And just because one guy ran him over. Doesn’t make all mississippians murderers or racist.
If they wanted to just go out and find a black guy as y’all say. Why’d they drive all the way out to jckson.
There’s plenty of races in Brandon to fuck with.
So your arguments are invalid.
Hotel Software
that’s sad. it shouldnt be because the partner’s same sex then he cant file a criminal act, he’s still human! and even if its still not allowed, thats a murder, they should do something to the suspects. for me, gays should have a fair call on everything.