lune Ifl. 2004 •
»];ìi;ivT^iìne<u;s
L ove vs . H ate
he U.S. Senate passed hate crimes
legislation June 15 by an over
whelming bipartisan vote of 65-33.
The Local Law Enforcement
Enhancement Act adds real or per HRC warns senators that supporting a hate crimes bill doesn't give
ceived sexual orientation, gender and disability
them license to amend the U.S. Constitution by Jim Radosta
to federal hate crime laws, allowing the federal
government the ability to provide assistance for
the investigation and prosecution of hate crimes
tim was engaging in one of six “federally protect
based on these categories. U.S. Sens. Gordon
ed” activities. Smith and Kennedy intnxluced
Smith, R-Ore.; Edward Kennedy, D-Mass.; and
the legislation in 1999 to broaden federal juris
Arlen Specter, R-Pa., were the lead co-sponsors.
diction to include hate crimes that cause death
The legislation passed as an amendment to the
or bodily injury and add sexual orientation, gen
National Defense Authorization Act for fiscal year der and disability to the covered categories.
2005. It is endorsed by more
nr
a L
L
’ll a
a
The most recent FBI
than 175 law enforcement,
to r those Who
try to data indicate 16.7 percent
civil rights, civic and religious
i r e p o m d c n m e inci'
organizations, including the use the vote on hate crimes dents
in 2002 were com-
National Sheriffs’ Associa tor some political inoculation muted because of bias
tion, International Associa
on the FMA, it is clear the ceived
a8amst sexual
,he orientation—
vict,m s pe"
tion of Chiefs of Police, U.S.
Conference of Mayors, Feder
the highest level in the 12
American people do not
al Law Enforcement Officers
years since the agency
Association.
began collecting these sta
want the
U.S. Constitution
“Law enforcement organi
tistics. Sexual orientation
undermined with this
zations are urging passage of
bias represents the third-
this bill, and today the Senate
highest category reported.
discriminatory and
U .S. Sen. Gordon Smith, R-Ore., opposes
delivered again,” said Cheryl
“I believe that the moral
anti-gay hate crimes but supports the anti-gay
unnecessary amendment. imperative that underpins Federal Marriage Amendment
Jacques, Human Rights Cam
paign president. “It is time for
hate crimes legislation is
Nothing Congress or the
the Congress to finally honor
simply this, and it comes cannot. What Sen. Kennedy and I propose to do
the memory of Matthew president does on any other from sacred writ, that when would change that and change it for the good.”
Shepard, Barry Winchell,
The act has already passed the Senate in ear
issue
will
change
that
fact.
Alan Schindler, Fred Mar
lier forms on two different occasions— most
tinez and so many others by
recently
in June 2000 as an amendment to the
— Cheryl Jacques
c?me ®° thejr
passing this legislation.”
Smith said on the Senate
Defense Department authorization bill by a vote
Since 1969, a U.S. statute has permitted fed flix)r. “The federal government should be able of 57-42, with 13 Republicans. In September
eral prosecution of hate crimes motivated by come to the aid of those who have been wronged,
2000 the House also passed a motion tc5 instruct
race, religion, national origin or color, if the vie-
bur under current statute the federal government
in support of the measure, 232-192, with 41
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Republicans. The Senate also passed the legisla
tion in July 1999 as an amendment to the Com
merce, Justice, State appropriations bill. Each
time it was stripped out in conference committee.
The Defense Department authorization bill
must now be passed by fhe Senate before going
to conference committee to resolve the differ
ences between the Senate and House versions of
the bill. “We hope it will survive the conference
on the defense bill and that President Bush will
sign it into law,” Jacques said.
With a Senate vote on the Federal Marriage
Amendment expected in mid-July, Jacques
warned politicians that one pro-gay vote doesn’t
justify writing discrimination into the U.S.
Constitution. Smith has expressed his support of
the marriage ban.
“For those who will try to use the vote on hate
crimes for some political inoculation on the FMA,
it is clear the American people do not want the
U.S. Constitution undermined with this discrim
inatory and unnecessary amendment,” Jacques
said. “Nothing Congress or the president does on
any other issue will change that fact.”
Although the hate crimes bill doesn’t explic
itly mention trans people, Jacques said legal
experts have interpreted it as covering gander
identity. The National Transgender Advocacy
Coalition disagreed, scolding H RC for continu
ing “to mislead the public about its scope.”
“In light of the amount of crimes that are com
mitted each year against trans people that result in
death, the fact [that] the language ‘gender identi
ty or inclusion’ is not in the hill continues to send
the message that it’s OK to hate us and to kill us,”
said board member Ethan St. Pierre, a trans man
whose aunt Debra Forte was killed in an anti-trans
hate crime. “It’s a slap in the face. It’s like saying
that [my aunt’s) life didn’t matter." J H
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