NSRC: National Sexuality Resource Center

"Gay Panic" And Anti-LGBT Hate Crimes Are Two Sides Of The Same Coin

Thu, Jan 14, 2010 at 12:56:56pm   ►by Eric Anthony Grollman   ►

Griffin (left) Belton (right)When I was home in the DC area for winter break, I met up with a good friend who had recently moved there from Indiana.  The first thing he told me was that a professor in his department had been murdered.  "Whoa, that's crazy!" I said, not sure what else to say, and then turning back to look at the books in the "lesbian interest" section of the queer bookstore we were browsing.  I had no idea how tragic the story really was, nor that it would quickly become national (to some degree, even international) news.  On December 28th, Indiana University Professor Don Belton was stabbed to death by Michael J. Griffin.  Griffin used a 10-inch-long knife to stab Belton five to six times, later telling police that he had done so because Belton had sexually assaulted him twice and showed no remorse.  Belton's department, IU Department of English, has expressed their sadness about for the loss, and members of the community have also come together to express their sadness and demand for justice for his murder.

"Gay Panic"

I am surprised to say the last thing I predicted I would hear about Belton's death was reference to the "gay panic" defense for attacking a lesbian, gay, or bisexual person.  But, because of Griffin's claim that he was sexually assaulted, some, including CBS, have speculated whether this ugly defense will rear its head in this tragedy when it goes to court.  Griffin has pleaded not guilty to the murder, and, it would seem pretty far-fetched for him to claim "gay panic": that he momentarily went insane because of an exposure to homosexuality.  Belton's personal diary denotes excitement about a new relationship with "Michael"; further, Griffin went to Belton's home with a 10-inch-knife and an extra set of clothes.  (He fled the scene and disposed of his bloody clothes.)  That sounds like a slam dunk for premeditated murder to me.  Right?

A Hate Crime?

This weekend, back in Indiana, a good friend and I discussed the murder.  He stated that this should be tried as a hate crime, as it could be argued that Griffin planned and carried out a murder of a gay man, with whom he had at least two romantic encounters, claiming that he had been sexually assaulted by the man.  My quick rebuttal was that Griffin himself, by virtue of his sexual relationship with Belton, could not be accused of a hate crime.  But, very quickly, my friend pointed out his own sexual orientation and/or behavior is irrelevant - if he killed Belton because of his hatred for lesbian, gay, and bisexual people, he has committed a hate crime.  This point transcends this case, as there have been rumors that one of the men who killed the late Matthew Shepard, who was murdered in 1997 in Wyoming because of his gay sexual orientation, is bisexual.  In both of these cases, a gay man has been murdered and blamed for his own murder because of his supposed sexual advances toward a heterosexual-identified man - a reality that can only be true in the eyes of someone who holds inaccurate stereotypes and hostile feelings toward gay people: a hate crime.

"Gay Panic" And Hate Crimes Are Two Sides Of The Same Coin

If you do the math, the end result is the same.  With a "gay panic" defense, an attack has occurred against a lesbian, gay, or bisexual person because of their sexual orientation.  With a hate crime conviction, an attack has occurred against a lesbian, gay, or bisexual person because of their sexual orientation.  These two pseudo-legal conceptions are strangely two sides of the same coin; however, with the "gay panic" defense, the homophobic attacker is not faulted for their own actions - they were so overwhelmed with someone's gay sexuality that they temporarily lost touch with reality and attacked the supposed source of this psychosis.  For this defense to be successful, which I believe it has had some, society, culture, and the law must accept that lesbian, gay, and bisexual sexualities are bad and that it is reasonable to be afraid of them;  thus, both the "gay panic" defense and anti-LGBT hate crimes stem from homophobia.

Remembering Don Belton

A memorial service is scheduled for Belton tomorrow, January 15that 5pm at the Unitarian Universalist Church at 2120 North Fee Lane in Bloomington, Indiana.  There was a large vigil held in town on January 1st, as well.  And, Inside Higher Ed reports "And Josh Lukin tells me that he is proposing a session called 'Remembering Don Belton' for the next MLA -- a panel 'engaging his scholarship, art, journalism, and pedagogy.' Possible topics might include 'his writing and teaching on black masculinity, Baldwin, Brecht, Mapplethorpe, Morrison, Motown, jazz, cinema, abjection,' to make the list no longer than that."  It is my hope that Belton's murder will spark a more in-depth and complex understanding of the way prejudice operates, and that society, culture, and the law will progress to reflect it.

 

Comments

When will this maddness end?

An important perspective to bring to light. Thank you as always for bringing these important issues to light and raising the consciousness of your readers to issues facing the LGBT community. RL

Anonymous on Jan 14, 2010 06:39pm

And...

I also wonder how much the cultural stereotype of the "black male sexual predator" will factor into the legal proceedings.

Anonymous on Jan 14, 2010 09:32pm

gay and racial panic

I wonder how much of the "gay panic" is also racial panic. Michael Griffin was having a relationship with not just a gay man, but a black gay man. And when you factor the historical context of Indiana being the home of the KKK at its height in the 1920's there are a lot of racial and sexual ideologies we have to account for. I agree with your friend that it was identity-based violence even if they are both "gay". "gay" or "lesbian" does not mean the same thing for all people. unfortunately, these differences can and do erupt into violence. Michael Sandy was a black gay man in New York who was killed by four white men. One of the men however came out during the trial and said he could not be guilty of a "hate crime" because he himself was bisexual. Ultimately, the jury convicted him of a "hate crime" but not because they disagreed with his argument but because they were afraid if they were a hung jury then another jury would convict him of a more serious crime. All this is to say, these things are so complex and complicated!

David Glisch-Sánchez on Feb 01, 2010 08:15am

so called "gay panic'

so if a hate crime is a crime and you can serve time for it why is it that this "gay panic" can go on because its like the same thing. if someone commited a "hate crime" and they do not wnat to go to jail or what have you they could just claim "gay panic" and they would be almost off the hock but that isnt right i mean how can a "hate crime" be a fellonony but a "gay panic" is is it because they just insanity infrount of the name everyone is insane once in their life. So if i murder somone that is gay and i dont want to take the blame of a "hate crime" i could just pleed "gay panic" and im off the hock. to me that is some bull and not right.

Anonymous on Apr 14, 2010 07:39am