February 25, 2003

GENDER IDENTITY PROTECTION BILL ADVANCES IN HAWAII SENATE
By Bruce Dunsford
Associated Press

HONOLULU (AP) — A person's sexual orientation often is disguised and private, but switching gender identity through dress or mannerism is likely to attract attention and expose the person to public ridicule or worse, according to a key lawmaker.

To help protect transgender individuals from violence, the Senate Judiciary Committee on Monday approved a measure to add "gender identity or expression" as a class covered by the state's have crimes law. It goes next to the full Senate for consideration.

Hawai`i's hate crimes law passed in 2001 imposes longer prison sentences for crimes motivated by race, religion, disability, sexual orientation, ethnicity or national origin.

The bill "just closes a loophole to take care of gender perception versus sexual orientation," said Committeewoman Colleen Hanabusa, D-Nanakuli-Makua.

If a person's mannerisms, speech or dress appear to conflict with their gender, it's more likely to fuel a hate crime, she said.

Members of Hawai`i's transgender community told lawmakers at a hearing Friday of being intimidated or attacked because of their transgender lifestyle.

The Office of Public Defender said the terms in the definition of the new category to be protected are not specific and could lead to wide interpretation.

Gabriella Moreno said making the change will send a clear message to offenders that Hawai`i will not tolerate hate crimes based on gender identification.

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