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"We Are Everywhere":
Condemning Homosexuality

Joan Howarth
Professor of Law
Boyd School of Law, University of Nevada Las Vegas

Death penalty law invites lethal judgments about the value of individual lives. Some of the men and more of the women sentenced to death in the U.S. were identified as gay, lesbian, transgendered, or bisexual in the trials that condemned them. The open-ended death penalty decision invites consideration of and literal condemnation of queer identities, whether lesbian, gay, bisexual, or transgendered, in combination with the class and racial bias imbedded in the decisions. Professor Howarth's presentation will address two topics: (1) the deadly sexual identities constructed and imposed on these defendants in their capital cases, and (2) the meanings of these cases within the organized movements for gay, lesbian, and transgendered rights. The first part is chilling, but perhaps predictable. The second part relates most directly to the conference themes of assimilation and resistance. All people on death row have been convicted of murder, and many have lived lives of poverty, desperation, and mental illness. Does "we are everywhere" carry us that far? The efforts of gay rights groups to present these defendants as victims of discrimination against the glbt community challenges elitist and assimilationist tendencies, and provokes important questions about identity, power, autonomy, and the limits of solidarity.