27. Matthew Shepard

Snarky Opener (0:00)

So, you go to a gay bar and then try to use the gay panic defense because you're claiming that you felt threatened by gay people? Yeah, your bullshit is bullshit.

Episode Introduction (0:28)

Hello, my LGBTQuties, and welcome back to another episode of A Jaded Gay. I'm Rob Loveless and, today, I'm a non-jaded gay because I am just enjoying all the fall activities.

This past weekend, my friend Cheyenne came up to visit. You'll remember her from the episode, being an ally that we did earlier in August. And we went apple picking. I made an apple cobbler, a lot of fun.

And then this past week, I've just been watching a ton of horror movies, so really just embracing the spooky season and loving it.

Matthew Shepard (0:54) 

But shifting gears today is going to be a very serious episode. We're going to be talking about the murder of Matthew Shepard.

And I'm sure most of you are familiar with this story, but if you don't know, Matthew Shepard was brutally murdered back in 1998 for being gay, which sent shockwaves through the community and brought national attention to hate crime legislation.

And I'm warning you in advance that this is going to be a heavy topic, and it will be a bit graphic, so check in with yourselves to see if you're in a good place to listen to this.

If not, tune in next week for our next episode. But just want to give you that warning in advance.

But before we jump into this, as always, let's pull our tarot card.

Tarot (1:31) 

So, we drew the Five of Wands in reverse. Wands is tied to the element of fire. It's typically tied to passion, creativity, sometimes sexuality, and it's masculine energy, so it's very action-oriented.

One thing that's interesting to note is, typically, in the tarot, fives are representative of some sort of conflict.

So that could be either conflict with an actual person, conflict with ourselves, conflict with a situation, but usually, it's referring to some sort of challenge that's blocking us from achieving what we want to achieve.

And when reversed, the Five of Wands can indicate a few things. Number one, it could suggest that we're actually facing conflict internally and that we're unclear where we stand on important issues for actions we need to take for ourselves.

It can also signify that, potentially, we might have a tendency to avoid conflict wherever feasible. So, at the first sign of conflict, we might run and try to avoid it.

Or it can even signify that we are on the horizon of ending a struggle, and we kind of feel that sigh of relief that things are coming to a close and that we're moving past the obstacle.

So, really, there's kind of three meanings tied to it, and I think we're gonna see some of that as we talk about today's episode.

Matthew Shepard’s Early Life (2:32)

So, diving into the topic. Matthew Wayne Shepard was born on December 1, 1976, in Casper Wyoming. And he developed an interest in politics at an early age.

He was described as being friendly with his classmates but he was teased for being small and unathletic. And even in adulthood, he was shorter in stature.

He was only five foot two, and at the time of his death, he weighed in around 100 pounds.

Anyway, in the summer of 1994, his father was hired by Saudi Aramco, which is a Saudi Arabian petroleum and natural gas company based in Dharan.

So, his parents relocated to the Saudi Aramco Residential Camp in Dhahran, and Matthew moved to Switzerland to attend the American School in Switzerland and he graduated from there in May of 1995.

That same year, he participated in a class trip to Morocco, and during the trip, he was actually beaten and raped, which caused him to experience depression and panic attacks.

And following this, he was hospitalized several times due to his depression and suicidal ideation.

So, following high school, Shepard first attended Catawba College in North Carolina and then Casper College in Wyoming before he enrolled at the University of Wyoming.

He was a poli sci major with a minor in languages and was chosen as a student representative for the Wyoming Environmental Council.

And on campus, he was openly gay and was a member of the university's LGBT student association.

The Gay-Hate Murder of Matthew Shepard (3:43)

So, in 1998, on the night of Thursday, October 8, Matthew was at the Fireside Lounge, which was a gay bar in Laramie, Wyoming.

He was befriended by two men, Aaron McKinney and Russell Henderson, who were 22 and 21, respectively.

And they were posing as gay so they could lure Shepard out into the parking lot and offered him a ride home. And once they got him in the car, McKinney pulled a gun and beat Shepard, and stole his wallet.

They drove him to a remote part of town, stripped him naked, and used a clothesline to tie him to a wooden fence.

And I'm warning you now, it's about to get really graphic.

So, McKinney then pistol-whipped Shepard about 19 to 21 times in the head and face with the butt of the gun.

According to Albany County Sheriff Dave O'Malley, who was the lead investigator in the case, Shepard's injuries were so bad, the sheriff had only seen similar types of injuries in high-speed traffic crashes that left extremely violent compression fractures to the skull.

So, McKinney and Henderson then stole Shepard's shoes and left him tied to the fence in the frigid cold. And Shepard was tied to that fence for 18 hours before he was finally discovered.

A teenager was mountain biking in the area and fell off his bike, and that's when he noticed Shepard's body, which was so badly beaten that he mistook it for a scarecrow.

So, the mountain biker realized it was a person and called the police, and Reggie Fluty was the first officer to respond to the scene.

She found Shepard on his back with his arms behind him, and his breaths were far and few between.

And apparently, Shepard was beaten so badly that his face was completely covered in blood, except for the spots on his cheeks where his tears had rinsed away the blood.

And Fluty tried to clear Shepard's airways but was unsuccessful. So, he was rushed to the hospital in Fort Collins, Colorado, where he remained in a coma.

And his parents were still living in Saudi Arabia at the time, so they had to fly back to the country and rush to the hospital.

And Shepard's brainstem had been crushed from the attack, and he suffered four skull fractures.

There were also small lacerations around his head, face, and neck, and his injuries were deemed too serious for doctors to operate. He remained on life support but never regained consciousness.

And at 12:53 am, on Monday, October 12, he was pronounced dead at the age of 21.

And as for his attackers, McKinney and Henderson went on to attack two Latino youths later that same evening they attacked Shepard. And they also beat him, pistol-whipped them.

So, I couldn't find much about how McKinney and Henderson were caught, but they were arrested and initially charged with attempted murder, kidnapping, and aggravated robbery.

After Shepard's death, the charges were upgraded from attempted murder to first-degree murder. And their girlfriends, Kristen Price and Chasity Pasley, were also charged with being accessories.

The Trial (6:10)

So, in April 1999, Henderson pled guilty to kidnapping and murder to avoid the death penalty and was sentenced to life imprisonment. However, McKinney tried to use the gay panic defense.

And I'm sure if you've listened to past episodes, you remember we did a whole episode on the gay panic defense and the different states that is still legal in.

In November 1998, at his pre-trial hearing, Sergeant Rob Debree testified that McKinney had stated in an interview on October 9 that he and Henderson had identified Shepard as a robbery target and pretended to be gay to lure him out to their truck and that McKinney had attacked Shepard after Shepard put his hand on McKinney's knee.

But the fact of the matter is that he and Henderson were at a gay bar posing as gay to gain Shepard's trust in a premeditated attack. So, your defense is bullshit.

And his father, Bill McKinney, provided this gem of a quote:

"Had this been a heterosexual, these two boys decided to take out and rob this never would have made national news. Now, my son is guilty before he's even had a trial."

So, Aaron McKinney, the attacker, also tried to introduce evidence that a man had molested him as a child, I guess, to try to add some credibility to his gay panic defense.

However, the judge would not allow it and ruled that that type of defense was too similar to temporary insanity, which was not an option in Wyoming.

And on November 4, 1999, McKinney was sentenced to two life sentences. And he only avoided the death penalty because of the mercy of Shepard's parents.

Dennis Shepard, Matthew's father, said:

"Mr. McKinney, I give you life in the memory of one who no longer lives."

And he went on to say that his son had paid a terrible price to open the eyes of everyone to the intolerance faced by the gay community.

And we'll get to the impact that Shepard's death had in a minute after we wrap up the trial piece.

Dennis Shepard went on to say the following during the trial:

"I too believe in the death penalty. I would like nothing better than to see you die, Mr. McKinney. However, this is the time to begin the healing process. To show mercy to someone who refused to show any mercy.

Mr. McKinney, I'm going to grant you life as hard as it is for me to do so because of Matthew. Every time you celebrate Christmas, a birthday, or the Fourth of July, remember that Matthew isn't.

Every time that you wake up in that prison cell, remember that you had the opportunity and the ability to stop your actions that night. You robbed me of something very precious, and I will never forgive you for that."

Lastly, Chastity Pasley pled guilty to being an accessory after the fact to first-degree murder in December 1998.

And Kristen Price pled guilty to a reduced charge of misdemeanor interference with a police officer following her testimony at McKinney's hearing.

Impact & Legacy (8:34)

Now, going back to Dennis Shepard's quote, the murder of Matthew Shepard gained widespread attention across the country and the world. And it had a profound impact on United States legislation.

At the time, federal law only covered hate crimes based on race, religion, and national origin, but not sexuality or sexual orientation.

Additionally, in 1998, Wyoming was one of 10 states that had no hate crime laws to protect specific categories of people.

So, following the attack, advocates staged protests and candlelight vigils across the United States.

And activists were particularly enraged over the fact that McKinney had tried to use the gay panic defense. And celebrities and politicians were even speaking out on the issue.

On October 12, 1998, the day of Shepard's death, Bill Clinton did deliver some remarks condemning hate crimes and calling for Congress to pass stricter hate crime legislation.

And on October 14, 1998, there was a celebrity vigil for Matthew. And speakers at the vigil included Ellen DeGeneres, her mother, Betty, the late Anne Heche, Dan Butler, and Kristen Johnston.

And on December 1, 1998, on what would have been Shepard's 22nd birthday, his parents launched the Matthew Shepard Foundation with its mission to erase hate by replacing it with understanding, compassion, and acceptance.

And the foundation lobbied for better federal hate crime legislation for over a decade.

And thanks to their efforts, Congress finally passed the Matthew Shepard and James Byrd Hate Crimes Prevention Act on October 22, 2009. And on October 28 of that year, President Obama signed it into law.

Interestingly enough, this act was originally known as the Local Law Enforcement Hate Crimes Prevention Act, and it had been previously introduced in 2007 and was passed by the House of Representatives.

However, it was delayed in getting through Congress because of widespread Republican opposition. And this included President George W Bush, who threatened to veto it at the time.

Luckily, with the shift in administrations, this did get passed and expands upon the 1969 US federal hate crime law so that the United States Department of Justice can investigate and prosecute hate crimes based on sexuality and gender.

This bill also:

• Removes, in the case of hate crimes related to the race, color, religion, or national origin of the victim, the prerequisite that the victim had been 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
• And requires the Federal Bureau of Investigation, so the FBI, to track statistics on hate crimes based on gender and gender identity

And this was because statistics for the other groups mentioned were already tracked.

And touching upon the name of the bill, James Byrd Jr was a Black man in Jasper, Texas, who was also murdered in 1998. And a little information about that case.

On June 7, 1998, three white men, two of whom were sworn white supremacists, picked up Byrd to give him a ride, and apparently, the driver knew him from around town.

They then beat him up, spray-painted his face, and urinated and defecated on him before they chained his ankles to their truck and dragged him for three miles on an asphalt road.

And Byrd was conscious for most of that. He was killed when his body hit the edge of a culvert, which severed his right arm and head.

And then, the three white men continue to drive with his corpse still chained to their truck for another mile and a half.

This case was actually referenced during McKinney's trial in November 1999.

When Shepard's father gave his remarks about how they were not seeking the death penalty for McKinney, he said that Matthew believed in the death penalty for certain crimes and had called it justified in the racially motivated murder in Texas of James Byrd Jr.

And in a quote, Dennis Shepard said:

"Little did we know that the same response would come about involving Matt."

Under the Matthew Shepard Foundation, his parents also launched MatthewsPlace.com, which is an online village designed to provide young people with the resources they need to thrive in this world, make a difference, and gain tools to lead healthy, productive, hate-free lives.

It features interviews with individuals in the LGBT and allied community and an in-depth list of shelters, outreach centers, and empowerment programs that are welcoming of youth regardless of sexual orientation or gender identity.

In Media & Popular Culture (12:33)

And Matthew Shepard's death was also the subject of numerous books and movies.

In 2009, his mother, Judy, published The Meaning of Matthew: My Son's Murder in Laramie, and a World Transformed, which details Matthew's life from birth to death, the aftermath, trial and media coverage, and her work with the Matthew Shepard Foundation.

There's also the 2013 novel called The Book of Matt by Stephen Jimenez, which has been condemned by gay activists.

Basically, Jimenez alleges that Shepard was involved with the Laramie drug scene and that his murder was more so about drugs and money and downplays the homophobic aspect.

In 2000, Moises Kaufman wrote The Laramie Project. It's a play about the reaction to Shepard's murder and is designed to be the town's reaction to the crime.

This was then turned into a movie in 2002 and, in 2009, a sequel to the play titled The Laramie Project: 10 Years Later, was released based on interviews with members of the town, Shepard's mother, and his incarcerated murderer.

In 1999, Melissa Etheridge released the song Scarecrow in response to his murder.

Elton John and Bernie Taupin wrote the song American Triangle in 2001, which is dedicated to the memory of Shepard.

In 2005 Cindy Lauper co-wrote her song Above the Clouds with Jeff Beck in tribute to Shepard.

And Lauper’s True Colors Tour 2007 for Human Rights provided information to fans, and a purple wristband with the slogan Erase Hate from the Matthew Shepard Foundation were distributed.

Additionally, $1 from every ticket sold went to the Human Rights Campaign.

And in 2009, Lady Gaga performed John Lennon's Imagine at the Human Rights Campaign's National Dinner.

In her performance, she changed the lyric from "above us only sky" to "and only Matthew in the sky.”

And there's a ton of other books, movies, and songs about and dedicated to Matthew Shepard's memory, but those are some of the highlights that I wanted to call out.

Episode Closing (14:12)

And in closing, you know, this crime, this murder, it's just it's absolutely horrific, and the fact that anyone could do those things to another human being, I just.

Anyway, you know, it's great that we're in a place where things have progressed regarding hate crime legislation.

Although the gay panic defense is still legal in some states, as we previously talked about in past episodes. But it's just it's really upsetting that this is what it took for these conversations to come about.

A 21-year-old had to be brutally murdered for people to consider, okay, maybe gay people are actually people and should be protected.

And I don't want to downplay the impact of the movement because, in 1998, the conversations being had about hate crime legislation following this was definitely a big deal.

I mean, keep in mind, this was the decade after the AIDS crisis. It was still in the early days of anti-retroviral medication, Don't Ask, Don't Tell had been in effect for a few years, so there was definitely less acceptance and tolerance of gay people at that time.

So, it does speak volumes to the impact that Matthew's murder had on the country. Again, it's just sad that that's what it took for us to move forward to this place.

And tying it back to the tarot, as we said, the Five of Wands in reverse, while fives typically represent conflict, the Five of Wands reversed has a few different meanings.

You know, it could be that we're facing internal conflict and are unclear on where you may stand on important issues. We could also be trying to avoid conflict.

And it could also signify that we are moving past a struggle, that the end is in sight, and there's some relief there.

And again, I think all three of these concepts kind of play into this specific case. You know, like I said, being gay in 1998 was much less socially acceptable than it is today, and there were very limited conversations around legislation and protections for the LGBTQ+ community.

So, when this happened, I'm sure a lot of people had to look deep down into themselves and confront their bias and really push aside any stereotypes they had to really recognize that, you know, gay people are still people.

This was a person. This was a 21-year-old whose life had been robbed. Also, tying it back, you know, I think a lot of us, as gay men, we've faced discrimination.

Maybe it's been verbal harassment, maybe it's been physical abuse, but for a lot of us, we've, we've known that we're not always welcome at the table.

And so, I think a lot of this, this might resonate and might have us thinking, how would we, what would we do if we were in this time, if we were in 1998 when this happened, what would we do?

Would we be willing to step out of the shadows and to speak up, to go to protest, to make our voices heard in the fight for legislation that protects LGBTQ+ people?

Because this was definitely a scary time. And last thing, kind of closing it up full circle, you know, you can see the effect that this had for over a decade.

You know, Matthew Shepard's parents were fighting for legislation. And finally, in 2009, we got that. We got the protections there as a starting point. We still have a lot of work to do.

You know, by no means is everything perfect, like we talked about in the gay panic defense episode. There's still quite a few states where that is a justifiable legal excuse that can work in the courts.

There is still work to do. But back in 2009, when that legislation was passed, it was a big deal.

And I'm sure for a lot of people, especially Matthew's parents, you know, members of the LGBTQ+ community, this was a moment where they could just breathe for a second, you know, and get a momentary relief from their fight for legal protections for the past decade following Matthew's murder.

And you know, while there is a light at the end of the tunnel, and while the end is somewhat in sight, we still have some work to do.

So, we need to celebrate that win and just continue to stand up for ourselves.

We need to speak up and speak out about injustices like this and really let people know that no matter what we identify as, at the end of the day, we are still all people, and we all want to be loved.

So, thank you for listening. I know this was definitely a heavy episode, but thank you for sticking with me through this.

I would definitely encourage you, following this, to check out the Matthew Shepard Foundation. See if there's any way you can get involved, whether it's volunteering or donating, spread the word about this important foundation.

Also, maybe share some of that information with your family. Because, you know, like I said in past episodes, some of the topics we cover, I think, are not recognized by straight people enough.

And there are certain things definitely that, you know, more tied to us when it comes to, you know, emotional health and relationships, and those topics are pretty much, you know, for ourselves.

But you know, then there's other topics that are, you know, about legal protections, or, you know, social movements going on within the United States or elsewhere.

And I think it's really important to share those with our, you know, family and friends who love us so that they can empathize a little and realize, you know, the world is not perfect.

Just because we live in a time where being gay is more socially acceptable does not mean we are always safe and protected.

And it can help get more allies on our side and get more voices heard for fighting for that equality that we need so much.

So, definitely share that information with your friends and family.

Connect with A Jaded Gay (18:35)

Again, thank you for listening. Please remember to rate, review, and subscribe. You can connect with the podcast on Instagram, TikTok, and Twitter @ajadedgaypod.

You can also send me an email rob@ajadedgay.com. You can connect with me, Rob Loveless, on Instagram @rob_loveless or on Twitter @robjloveless.

And remember, every day is all we have, so you got to make your own happiness.

Mmm-bye.