Queer Notes: Justice Delayed, Not Justice Denied

Gwen Araujo

The re-trial of Gwen Araujo’s murderers begins tomorrow, nearly a year after a jury deadlocked on the question of whether the defendants were guilty of first or second degree murder. Gwen was murdered in October of 2004 by Jason Cazares, Jose Merel and Michael Magidson and the ensuing trial pushed every button there is in the transgender community. One of the more repulsive aspects of the case was how the defense attorneys used the offensive strategy called the “gay panic” and “trans panic” defense.

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Chris Daley, Executive Director, Transgender Law Center

Over the last year, Chris Daley, Executive Director of the Transgender Law Center, has been working on changing the Penal and Evidence code to outlaw these defense arguments so that criminal defense attorneys can’t use societal bias as a way to defend their clients. Daley also went to court to legally change Gwen’s name. Over and over again last year, the press kept calling her “Eddie,”instead of Gwen. Every time they did, every transgender person, including myself, cringed. On June 23, 2004, shortly after the mistrial, Superior Court Commissioner Thomas Surh issued the order recognizing the change of name from Eddie Araujo, Jr. to Gwen Amber Rose Araujo and we all inwardly and outwardly cheered.

When the transgender community first heard about the mistrial, we all immediately thought the worst. Was it another twinkie defense nightmare? The community pulled together a rally at Castro and Market and we when got there, there was a glimmer of hope. We found out is was justice delayed, not justice denied. It wasn’t that the jury thought the defendants weren’t guilty. It wasn’t that the jury didn’t care. They just didn’t agree about whether it was pre-meditated or not. But the message of hope was that they clearly rejected the repulsive tactics of the defense attorneys. They didn’t blame the victim. They didn’t think that Gwen was deceiving the defendants about her gender.

She wasn’t responsible for her own murder. And she didn’t steal the defendant’s right to be heterosexual. All in all, these beliefs seems pretty basic. But it felt like such a huge step forward for all us.

Over and over again, transgender folks face this strange fascination from others with their bodies, their history, and their “real name,” as if their current name is not as real. When individuals come out as transgender, they are immediately re-examined to see if there is see something that couldn't be seen before. As transgender activist Dylan Vade noted, “Why do some folks feel that transgender people need to disclose their history and their genitalia, and nontransgender people do not? ….Gwen was being herself, openly and honestly. No, she did not wear a sign on her forehead that said, ‘I am transgender, this is what my genitalia look like.’ But her killers didn’t wear a sign on their forehead saying, ‘We might look like nice high school boys, but really, we are transphobic and are planning to kill you.’
That would have been a helpful disclosure.