A Catalyst for Hate Crime Reform
In 1998, the brutal murder of Matthew Shepard—a young, gay college student—sent shockwaves across the nation, spotlighting the alarming prevalence of anti-LGBTQ+ violence and sparking an urgent conversation about hate crime legislation. His death became a catalyst for advocacy, prompting widespread calls for stronger protections against hate-fueled crimes and igniting a movement that continues to resonate in today’s fight for equality and safety for LGBTQ+ individuals.
The Early Life of Matthew Shepard: A Journey of Resilience and Advocacy
Matthew Wayne Shepard was born on December 1, 1976, in Casper, Wyoming, and showed an early interest in politics. Known as a friendly presence among his peers, he was often teased for his small stature—standing at just five foot two and weighing around 100 pounds even into adulthood.
In 1994, Shepard’s life took a new direction when his father accepted a position with Saudi Aramco, a petroleum and natural gas company in Dhahran, Saudi Arabia. While his parents moved to the company’s residential camp, Shepard attended the American School in Switzerland, graduating in 1995.
During a school trip to Morocco that same year, Shepard was gang-raped, which left him traumatized, grappling with depression and panic attacks that led to multiple hospitalizations.
Despite these hardships, Shepard pursued higher education after high school, first attending Catawba College in North Carolina and later Casper College in Wyoming, before enrolling at the University of Wyoming.
As a political science major with a minor in languages, he became an active figure on campus, serving as a student representative for the Wyoming Environmental Council and participating in the university’s LGBT student association. Openly gay, Shepard’s presence at the university highlighted his resilience and dedication to advocacy despite the challenges he had faced.
The Murder of Matthew Shepard: A Hate Crime That Shocked the Nation
On the night of October 8, 1998, Matthew Shepard was at the Fireside Lounge, a gay bar in Laramie, Wyoming, when he was approached by two men, Aaron McKinney and Russell Henderson, aged 22 and 21, respectively. Posing as gay men, they lured Shepard into the parking lot with the pretense of offering him a ride home. Once in the car, McKinney brandished a gun, violently assaulted Shepard, and stole his wallet.
The two men drove Shepard to a remote area, where they stripped him naked and tied him to a wooden fence using a clothesline. In a horrific act of brutality, McKinney pistol-whipped Shepard 19 to 21 times in the head and face, inflicting injuries so severe that Albany County Sheriff Dave O'Malley compared them to those seen in high-speed traffic accidents. After stealing Shepard's shoes, McKinney and Henderson left him tied to the fence in freezing temperatures.
Shepard remained in this agonizing state for 18 hours until he was discovered by a teenager who was mountain biking in the area. Initially mistaking Shepard for a scarecrow due to his condition, the teenager realized he had found a person and called the police. Officer Reggie Fluty was the first to respond and found Shepard on his back, barely breathing. His face was covered in blood, except for the areas where his tears had washed it away. Despite Fluty’s attempts to clear his airways, Shepard was rushed to the hospital in Fort Collins, Colorado, where he fell into a coma.
At the time, Shepard's parents were living in Saudi Arabia and quickly flew back to the U.S. to be by their son’s side. Medical evaluations revealed that Shepard had suffered a crushed brainstem and four skull fractures, along with numerous lacerations. His injuries were too severe for surgery, and he remained on life support without regaining consciousness. Tragically, at 12:53 a.m. on October 12, Shepard was pronounced dead at the age of 21.
Following the attack on Shepard, McKinney and Henderson went on to assault two Latino youths later that same evening, also beating and pistol-whipping them. While details on their arrest are scarce, both men were initially charged with attempted murder, kidnapping, and aggravated robbery. After Shepard’s death, the charges were elevated to first-degree murder. Their girlfriends, Kristen Price and Chasity Pasley, were also charged as accessories in the case.
The Trial of Matthew Shepard’s Killers
In April 1999, Russell Henderson pleaded guilty to kidnapping and murder to avoid the death penalty, receiving a life sentence in prison. In contrast, Aaron McKinney attempted to use the controversial gay panic defense during his trial.
At a pre-trial hearing in November 1998, Sergeant Rob Debree testified that McKinney had admitted to police that he and Henderson had identified Shepard as a target for robbery. They pretended to be gay to gain Shepard’s trust, and McKinney claimed he attacked Shepard after Shepard placed his hand on his knee. However, the evidence indicated that the attack was premeditated, undermining McKinney's defense.
McKinney's father, Bill McKinney, controversially stated, “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.”
In a bid to bolster his gay panic defense, McKinney attempted to introduce evidence that he had been molested as a child. However, the judge ruled against this, determining that such a defense was too similar to a claim of temporary insanity, which was not permissible in Wyoming. Ultimately, on November 4, 1999, McKinney was sentenced to two life terms, narrowly avoiding the death penalty due to the mercy of Matthew Shepard's parents.
Dennis Shepard, Matthew's father, addressed McKinney directly during the sentencing, stating, “Mr. McKinney, I give you life in the memory of one who no longer lives.” He emphasized that Matthew's tragic death had shed light on the intolerance faced by the LGBTQ+ community.
Dennis also expressed his own feelings about the death penalty, saying, “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.”
He poignantly reminded McKinney of the life he robbed from his son: “Every time you celebrate Christmas, a birthday, or the Fourth of July, remember that Matthew isn't.” Dennis concluded by stating he would never forgive McKinney for the loss of his son.
Additionally, Chasity Pasley pleaded guilty to being an accessory after the fact to first-degree murder in December 1998, while Kristen Price entered a guilty plea to a reduced charge of misdemeanor interference with a police officer after testifying at McKinney’s hearing.
Impact and Legacy of Matthew Shepard’s Murder
The murder of Matthew Shepard garnered widespread attention across the United States and around the world, profoundly influencing legislation related to hate crimes. At the time of Shepard's death, federal law only addressed hate crimes based on race, religion, and national origin, neglecting protections for sexuality and sexual orientation. Furthermore, Wyoming was one of just ten states without any hate crime laws safeguarding specific groups.
In the wake of the attack, activists organized protests and candlelight vigils nationwide, fueled by outrage over McKinney's attempt to employ the gay panic defense. Prominent figures, including celebrities and politicians, spoke out against the violence. On October 12, 1998, the day Matthew died, President Bill Clinton condemned hate crimes and urged Congress to enact stricter hate crime legislation. A vigil was held on October 14, 1998, where speakers included Ellen DeGeneres, her mother Betty, the late Anne Heche, Dan Butler, and Kristen Johnston.
On December 1, 1998, on what would have been Matthew’s 22nd birthday, his parents established the Matthew Shepard Foundation, aiming to combat hate with understanding, compassion, and acceptance. For over a decade, the foundation lobbied for improved federal hate crime legislation.
Thanks to these efforts, Congress passed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act on October 22, 2009. President Barack Obama signed it into law six days later. Initially introduced as the Local Law Enforcement Hate Crimes Prevention Act in 2007, it had faced delays due to widespread Republican opposition, including a veto threat from President George W. Bush. The change in administration allowed for its eventual passage, expanding the 1969 U.S. federal hate crime law to empower the Department of Justice to investigate and prosecute hate crimes motivated by sexuality and gender.
The new law removed the requirement that victims of hate crimes based on race, color, religion, or national origin had to be engaging in a federally protected activity, such as voting or attending school. It also enhanced federal authorities’ capabilities to investigate hate crimes that local authorities opted not to pursue and allocated $5 million annually for fiscal years 2010 through 2012 to assist state and local agencies with investigations and prosecutions. Additionally, the law mandated the FBI to track statistics on hate crimes based on gender and gender identity.
The bill was also named after James Byrd Jr., a Black man who was murdered in 1998 in Jasper, Texas. Byrd’s death, which involved horrific violence at the hands of white supremacists, was referenced during McKinney’s trial. In his remarks about forgoing the death penalty for McKinney, Dennis Shepard noted that Matthew believed in capital punishment for certain crimes, citing Byrd’s racially motivated murder as an example.
“Little did we know that the same response would come about involving Matt,” Dennis stated.
In addition to the foundation, Dennis and Judy Shepard launched MatthewsPlace.com, an online community designed to provide resources for young people to thrive and make a positive impact. The site features interviews with LGBTQ+ individuals and allies, as well as a comprehensive list of shelters, outreach centers, and empowerment programs welcoming to youth, regardless of sexual orientation or gender identity.
Matthew Shepard's Legacy in Media and Popular Culture
The impact of Matthew Shepard's death extends deeply into media and popular culture, inspiring numerous books, films, and songs. In 2009, his mother, Judy Shepard, published The Meaning of Matthew: My Son's Murder in Laramie, and a World Transformed, chronicling Matthew's life from birth to his tragic death, detailing the aftermath, the trial, media coverage, and Judy's ongoing efforts with the Matthew Shepard Foundation.
Another notable publication is Stephen Jimenez's The Book of Matt, released in 2013. This novel has drawn criticism from LGBTQ+ activists and Media Matters for America for its controversial claims that Shepard was involved in the Laramie drug scene and that his murder was primarily motivated by drugs and money, downplaying the homophobic elements of the crime.
In 2000, Moisés Kaufman wrote The Laramie Project, a play that captures the community's reaction to Shepard's murder, which was adapted into a film in 2002. In 2009, Kaufman released a sequel, The Laramie Project: 10 Years Later, based on interviews with community members, Shepard’s mother, and his incarcerated murderer.
In 1999, Melissa Etheridge released "Scarecrow" in response to his death. Elton John and Bernie Taupin wrote "American Triangle" in 2001, dedicating it to Matthew's memory. Cindy Lauper co-wrote "Above the Clouds" with Jeff Beck in 2005 as a tribute to him.
Lauper also highlighted the importance of advocacy through her True Colors Tour in 2007, which provided information on human rights and distributed purple wristbands featuring the slogan "Erase Hate" from the Matthew Shepard Foundation. Additionally, $1 from each ticket sold went to the Human Rights Campaign.
In a powerful tribute at the Human Rights Campaign's National Dinner in 2009, Lady Gaga performed John Lennon's "Imagine," altering the lyric from "above us only sky" to "and only Matthew in the sky."
While these examples are just a glimpse, they underscore the profound cultural impact Matthew Shepard's story has had, continuing to inspire conversations about hate, tolerance, and justice.
Keeping Matthew’s Memory and Legacy of Advocacy Alive
It’s difficult to fathom the horror of Matthew Shepard's murder and the tragic reality that such violence could occur. While there has been progress in hate crime legislation since his death, it’s disheartening that it took such a brutal act for society to begin recognizing the humanity of gay individuals. And Matthew's death forced many to confront their biases during a time when acceptance of the LGBTQ+ community was low.
Following this horrific crime, it took over a decade of advocacy before meaningful legislation was passed in 2009. For Matthew’s parents and countless others in the LGBTQ+ community, that victory offered a moment of relief after years of struggle. However, while progress has been made, the fight is far from over since the gay panic defense remains legal in several states today.
We must continue to speak out against injustices and remind society that we all share a fundamental need for love and acceptance. As members of the LGBTQ+ community, we must continue to advocate for ourselves in the face of adversity. One way to do so is by getting involved with the Matthew Shepard Foundation, whether through volunteering, donating, or simply spreading awareness.
It’s also crucial to share these painful stories with our friends and families to help them understand that, while society may seem more accepting, safety and protection for LGBTQ+ individuals are not guaranteed. By fostering empathy and awareness among allies, we can amplify our voices in the ongoing fight for equality.
And remember: every day is all we have, so you've got to make your own happiness.
For more information on this topic, listen to Episode 27. Matthew Shepard.
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