November 21st, 2009
 

365 Gay: News

Hate crimes bill reintroduced in Congress


(Washington) Legislation to add sexual orientation to the list of categories covered under federal hate crime law has been reintroduced in Congress.

The Local Law Enforcement Hate Crimes Prevention Act, also known as the Matthew Shepard Hate Crimes Act for the college student who was murdered in an anti-gay hate crime in Wyoming in October 1998, would provide local police and sheriff’s departments with federal resources to combat hate violence.

The bill was introduced with bipartisan support by Reps. John Conyers (D-MI) and Mark Kirk (R-IL). In addition to LGBT rights groups the bill has the support of more than 300 law enforcement, civil rights, civic and religious organizations. The Senate is expected to introduce a bipartisan companion bill soon.

Gay rights groups have been fighting to have the legislation passed for over a decade.

“Each year, thousands of Americans are violently attacked just because of who they are,” said Human Rights Campaign President Joe Solmonese.

“These crimes not only harm individuals, they terrorize entire communities. After more than a decade of delay, it’s time to provide local police and sheriffs’ departments with the full resources of the Justice Department to address vicious hate crimes.”

Because there is no federal law mandating states and municipalities to report hate crimes, they are often under-reported.  However, the Federal Bureau of Investigation’s own statistics, based on voluntary reporting, show that since 1991 over 100,000 hate crime offenses have been reported to the FBI, with 7,624 reported in 2007, the FBI’s most recent reporting period.

Violent crimes based on sexual orientation constituted 16.6 percent of all hate crimes in 2007, with 1,265 reported for the year. In addition, while not captured in the federal statistics, transgender Americans too often live in fear of violence.

The legislation gives the Justice Department the power to investigate and prosecute bias motivated violence where the perpetrator has selected the victim because of the person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.

It provides the Justice Department with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable, by taking the lead in investigations and prosecutions of violent crime resulting in death or serious bodily injury that were motivated by bias.

It also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers, or to assist in state and local investigations and prosecutions of bias motivated crimes.

President Obama has said that if the bill is passed he would sign it.

The legislation  passed the House in 2007 but President Bush threatened to veto it if it passed in the Senate.

In an effort to get around a veto the Senate version was tied to the 2008 defense authorization bill.  It passed but then went to conference where it was stripped out.


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  • KaninZ Said: April 6th, 2009 at 12:49 am
    • http://www.democrats.org/

      Send them a suggestion to support this and to give the Pres a “gentle nudge” to address all the gay civil rights issues that have been set aside since the election. I also let them know that their response will be noted in the next campaigns.

  • Gretchen Said: April 4th, 2009 at 11:45 pm
    • fr harold:

      >…I was gay bashed when I was 35 years old by 3 college students and was told by them that I deserved it because I was a “fag”….<

      I hope you reported the little jerks, as they had NO right to do that at all. My wife and I live in Northern CA, I married her last year, and during the last election we had a No on 8 poster in the window, some jerk posted a yes on 8 sign directly across the street from us.

  • Dan Said: April 3rd, 2009 at 10:45 pm
    • DeGuyz, I think this act includes only crimes of physical violence, because otherwise the right wing would squawk. I’ve long thought that harassment on the basis of sexual orientation and other demographic characteristics should be illegal. Right now, there are laws against harassment in general, but they tend to be disregarded because they don’t specify any protected groups.

      Laws that prohibit discrimination in employment, housing, public accommodations, and so on usually include harassment. I think that will also be true of ENDA, assuming it passes. With ENDA on the books, it should be easier to get other nondiscrimination laws passed, and they too will likely include harassment.

  • DeGuyz Said: April 3rd, 2009 at 8:51 pm
    • It seems to me that the crime has to be a violent physical act to be a hate crime. It would be nice to clarify that and move to recommend that verbal, mental and emotional acts of violence be included. I think they would be and we will sure see in the near future just what the law does cover. Documentation is everything.

  • LOrion Said: April 3rd, 2009 at 5:08 pm
    • I would like to be an optimist, but since Obama is turning out to want to stay center center center and not ruffle feathers, we will hear a big silence. Now the STRONG Obama may not be so silent. Let’s hear from Michelle.

  • Harold Longanecker Said: April 3rd, 2009 at 4:15 pm
    • To attack or try and kill someone because they are gay should be considered a hate crime.
      Just like crimes because of race creed color and national origin.
      I was gay bashed when I was 35 years old by 3 college students and was told by them that I deserved it because I was a “fag”.
      I work hard-pay my taxes and obey the laws and do not feel I should be treated this way because Iam gay.
      OH by the way, I do not consider it sexual orientation because I did not choose to be gay.

  • Stuff Queer People Need To Know Said: April 3rd, 2009 at 12:47 pm
  • equalnotspecial Said: April 3rd, 2009 at 11:40 am
    • Let your representatives hear from you. If we can’t pass this one, we are in big trouble. Obama has said he will sign it, but it has to reach his desk first.

  • Ed Said: April 3rd, 2009 at 11:24 am
    • Its long overdue.

  • Courtney Said: April 3rd, 2009 at 9:47 am
    • Let’s see if the Democrats will really stand up and pass this bill. I’m not holding my breath.

 
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