U.S. House passes Hate Crimes Bill

LGBT community hopes it becomes law

By Sr. Correspondent, Antoine Craigwell

(New York, N.Y., Friday, Oct 9, 2009) - In a 281 to 146 vote, the U.S. House of Representatives yesterday approved H.R. 2647, the FY 2010 Defense Authorization Act, otherwise called the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

 

 
Added in Division E of the National Defense Reauthorization Act, the bill honors the memories of Matthew Shepard, the Laramie, Wyo., gay youth who was beaten and left to die, and James Byrd, Jr., the African-American who was dragged to his death behind a pick-up truck in Jasper, Texas; both occurring 11 years ago.

The U.S. Senate voted in July to memorialize Shepard and Bryd by adding their names to the bill. It is destined for a Senate conference, is slated to pass the full Senate, and fulfilling a promise, to President Barack Obama to be signed into law. The bill had been passed by the 105th Congress but faced a veto threat from former President Bush.

"As the president said back in April, the hate-crimes bill takes on an important civil rights issue to protect all of our citizens from violent acts of intolerance, while also protecting our freedom of speech and association," said Tommy Vietor, White House spokesman.

According to the Los Angeles Times, when passed, the bill would be the first major legislation since the 1968 hate-crimes law, expanding that law to cover acts of violence motivated by a victim's sexual orientation, gender, disability or gender identity. The Times added that existing federal law defines hate crimes as those motivated by bias based on religion, race, national origin or color.

The House passage of this bill comes before the president is scheduled to deliver an address to the Human Rights Campaign (HRC) annual fundraising dinner on Saturday in Washington, DC.

"We are closer than ever before to protecting Americans from hate violence thanks to today's action by the House," said HRC President Joe Solmonese. "The day is within sight when lesbian, gay, bisexual, and transgender people will benefit from updating our nation's hate crimes laws and giving local law enforcement the tools they need to combat hate violence."

In his statement Solmonese said that HRC and the wider LGBT community are grateful for the leadership of many allies in Congress, particularly Senators Leahy, Levin, Collins and Reid, and Representatives Conyers, Kirk, Baldwin and the Speaker Nancy Pelosi, all who ensured that the hate crimes provision remained part of the authorization bill.

The tireless efforts of the late Senator Edward Kennedy as a champion of hate crimes legislation, Solmonese added would be commemorated when the first ever Edward M. Kennedy National Leadership Award is presented on Saturday to Judy and Dennis Shepard, Matthew's parents and long-time fighters of this effort.

"It's a very exciting day for us here in the Capitol," said Pelosi, who added that she has been pushing for strengthening the law since her arrival in Congress 22 years ago.

"What makes these crimes so bad is they are not just crimes against individuals; they are crimes against entire communities," said openly gay Rep. Jared Polis (D-CO) during the debate.

HRC is one of the largest civil rights organizations working to achieve equality for LGBT people. As an organization, HRC strives to end discrimination against the LGBT community and realize a nation that achieves fundamental fairness and equality for all.

A provision adopted in the Senate, to impose the death penalty for a hate crime, was removed by the Defense Authorization conference, but makes it a federal offense to attack any member of the military for their service to the country.

The Act allows the U.S. Department of Justice the authority to investigate and prosecute bias-motivated violence where the perpetrator selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.

Tony Perkins, president of the right-wing conservative group the Family Research Council, in an opposing view said that the House granting special protection to a particular group means that protections are diminished and everyone else is penalized.

"This is the ironic but unavoidable result of measures like the "thought-crimes" bill passed today. It violates the principle of equal justice under the law and also threatens to infringe on the free speech rights of the American people.," said Perkins.

Following on passage of this bill, several opponents of it have been speaking of filing a constitutional challenge to the legitimacy of the Act.

"This also sets us on a slippery slope toward serious infringements of the freedom of speech and freedom of religion. 'Hate crime' legislation will lay the legal foundation and framework for investigating, prosecuting and persecuting pastors, business owners, and anyone else whose actions reflect their faith," Perkins concluded.