With expected passage by the Senate, federal prosecutors will for the first time be able to intervene in cases of violence perpetrated against gays.

Civil rights groups and their Democratic allies have been trying for more than a decade to broaden the reach of hate crimes law. This time it appears they will succeed. The measure is attached to a must-pass $680 billion defense policy bill and President Barack Obama – unlike President George W. Bush – is a strong supporter. The House passed the defense bill 281-146, with 15 Democrats and 131 Republicans in opposition.

“It’s a very exciting day for us here in the Capitol,” said House Speaker Nancy Pelosi, D-Calif., saying hate crimes legislation was on her agenda when she first entered Congress 22 years ago.

She said it’s been 11 years since the gay Wyoming college student Matthew Shepard, whose name was attached to the legislation, was murdered.

The late Sen. Edward Kennedy, D-Mass., was a longtime advocate of the legislation.

Many Republicans, normally stalwart supporters of defense bills, voted against it because of the addition of what they referred to as “thought crimes” legislation.

“This is radical social policy that is being put on the defense authorization bill, on the backs of our soldiers, because they probably can’t pass it on its own,” House Republican leader John Boehner of Ohio said.

GOP opponents were not assuaged by late changes in the bill to strengthen protections for religious speech and association – critics argued that pastors expressing beliefs about homosexuality could be prosecuted if their sermons were connected to later acts of violence against gays.

Supporters countered that prosecutions could occur only when bodily injury is involved, and no minister or protester could be targeted for expressing opposition to homosexuality.

The bill also creates a new federal crime to penalize attacks against U.S. service members on account of their service.

Hate crimes legislation enacted after King’s assassination defined hate crimes as those carried out on the basis of race, color, religion or national origin. It also limits the scope of activities that would trigger federal involvement.

The proposed expansion would include crimes based on gender, sexual orientation, gender identity or disability. It eases restrictions on federally protected activities.

Some 45 states have hate crimes statutes, and the bill would not change the current situation where investigations and prosecutions are carried out by state and local officials.

But it would provide federal grants to help with the prosecuting of hate crimes and funds programs to combat hate crimes committed by juveniles.

The federal government can step in after the Justice Department certifies that a state is unwilling or unable to follow through on a purported hate crime.

While Republicans voted against the defense bill because of the hate crimes addition, openly gay Democrat Jared Polis of Colorado said he would vote for it despite his opposition to U.S. military presence in Iraq. The reason hate crimes are so odious, he said, “is that they are not just crimes against individuals, they are crimes against entire communities and create environments of fear in entire communities.”

Tom McClusky, vice president of the conservative Family Research Council’s legislative arm said the next step likely would be contesting the legislation in court. “The religious protections are pretty flimsy,” he said. He contended that Democrats were trying to move their “homosexual agenda” this year because it would prove unpopular with voters next year.

The FBI says there are some 8,000 hate crimes reported around the country in a year. More than half of those are motivated by racial bias. Next most frequent are crimes based on religious bias at around 18 percent and sexual orientation at 16 percent.

It is expected the bill will be marked up and be sent to the full House for a vote, possibly before the end of the month.

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.

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

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 would provide 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.

(Washington) The number of openly gay members of Congress grew by one on Tuesday with the swearing in of Jared Polis (D-Colo.). Polis joins the returning Barney Frank (D-Mass.) and Tammy Baldwin (D-Wisc.) in the House.

Polis has been given a plum committee position.  He has been named to the House Committee on Education and Labor.

A major priority of the committee will be the reauthorization of the No Child Left Behind Act, the main federal law affecting education from kindergarten through high school.

Polis had little difficulty winning his firmly Democratic district last November, but he took no chances and ran a strong campaign, putting much of his own money into the run. He also had the support of the Gay and Lesbian Victory Fund.

Previously, Polis was elected statewide to the Colorado State Board of Education from 2001 – 2007. During that time he served a term as vice-chairman and one as chairman.

In 2000, he founded the Jared Polis Foundation, which works to improve and expand access to education. Its annual Teacher Recognition Awards celebrate the enormous commitment and importance of teachers. Hundreds of teachers and their schools receive micro-grants as part of this program.

Polis came out publicly while serving on the Board of Education.

During his tenure on the Board, he successfully worked to establish new ways to help schools close the learning gap, improved access to online education, helped win increased funding for at-risk students, and worked to improve teacher preparation programs at our colleges and universities. 

Polis also co-chaired a successful $300 million bond initiative in the Boulder Valley School District to make repairs and upgrades to learning environments across the district as well as improve energy efficiency.