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THURSDAY, NOVEMBER 20, 2008
 
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MORE FROM THIS AUTHOR
GWEN SMITH


MORE INFO
Gwen Smith is a San Francisco-based transgender activist and can be reached at gwen@gwensmith.com.





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MORE OPINION

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Obama’s unfinished civil rights tasks
If Americans want real change, we should grant gays full equality under the law.


OPINION

‘Trans-panic’ claims a life
We deserve better than a hung jury swayed by hurtful arguments that Gwen Araujo somehow deserved to die.

GWEN SMITH
Friday, July 16, 2004

THE CASE AGAINST those accused of murdering transgender teenager Gwen Araujo ended in mistrial, leaving in limbo the fate of her alleged killers — and Gwen’s family.

This crime has touched me personally from the beginning. Because of my work on the project called Remembering Our Dead and on the Transgender Day of Remembrance, I initially followed this death in the same fashion as 300 other cases I have chronicled.

Yet this one was different. Aside from the obvious fact that Gwen and I shared the same first name, this was a story that was nothing short of shocking in its brutality.

This young woman was slowly killed over the course of several hours during an intimate house party in Newark, Calif. Her broken body was disposed of roughly 150 miles from home and her killers swore to not let anyone know what happened to this young girl who they discovered had male genitalia.

In October 2002, I attended Gwen Araujo’s funeral and looked directly as her lifeless body. I changed that day, likely forever.

My work as a transgender activist — something I had been pursuing for roughly a decade at that time — became a passion. I could not live another day in a world where this sort of cruelty could be accepted.

WE HAVE LEARNED a lot about Gwen Araujo’s final hours. She was hit with a soup can and a skillet, kicked in the head so hard that it left a dent on the wall behind her, and finally was strangled to death.

We’ve heard how four suspects went out for breakfast at McDonald’s some time after burying Gwen in a shallow grave, as if nothing had happened.

Over time, I’ve also gotten to know Gwen Araujo’s family, and each of them has become dear to me. Their dedication to seeing this through, and their love for each other, is an inspiration.

It breaks my heart to see them have to go through this whole process yet again, reliving all over the events of Oct. 3.

Recently I was with Gwen’s mother, Sylvia Guerrero, and she took us by one other house: the scene of the murder. It’s a home not unlike the one I grew up in, and as visibly nondescript as any other tract house.

It sits only two long blocks from the very place where Gwen’s mother now lives.

If Gwen had been able to escape that house on the night she was killed in just one of the three times she tried, we wouldn’t be left with only a handful of Gwen’s ashes in a pretty box.

THE TRIAL OF her alleged killers was much like any other. What made it different was the issue of Gwen’s gender identity; an issue that the defense sought to emphasize and the D.A. downplayed.

The theme of the defense is typical of other murder trials involving a gay or transgendered victim. Like the “gay panic” defense, the defendants in Gwen’s case argued they were deceived, and when they realized that they had been intimate with a man, they “freaked out.”

This so-called “trans panic” defense is being presented as if murdering another human being is perfectly reasonable behavior if the victim turns out to be transgendered.

It is as if this is some sort of sick morality play, where Gwen Araujo deceived the wrong people, and simply got what she deserved for doing so.

When Gwen Araujo was questioned by her tormentors as to whether she was a man or a woman, she was reported as saying three simple words: “Isn’t it obvious?” That should lie at the heart of this case.

To Gwen, she was not out to deceive anyone. She was living her life as any other 17-year-old girl. If there was panic, it wasn’t because Gwen deceived anyone, but rather it is because her killers were insecure in their own identities.

The jury hung in this case, paving the way for a second trial. Some say the jury discounted this “trans panic” defense; others say they hung because of it.

Now the family will again go through heart-wrenching testimony and will listen as lawyers tell the jury that those who killed their beloved Gwen were nice, upstanding men who were victimized.

I’ve not slept well since that day when Sylvia Guerrero took me by the house where Gwen was killed. We deserve better than this, and it’s up to us to demand the right to be ourselves — and to live.



 

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