Matthew Shepard Act Moves One Step Closer

The Democratic-led Senate on Thursday voted to let federal law enforcement help states prosecute attacks on gays, attaching the provision to a massive spending bill for the Iraq war and daring President Bush to veto the whole package.
The White House wasn't commenting on the prospects for a veto of the underlying defense authorization bill. But some Republicans warned that's just what would happen after the Senate voted by voice to accept the hate crimes amendment.
"The president is not going to agree to this social legislation on the defense authorization bill," said Sen. Lindsey Graham, R-S.C. "This bill will get vetoed."
Still, the hate crimes provision attracted significant support from the president's party. Nine Republicans were among the 60 senators who voted to halt any filibusters and bring the matter to the final voice vote.
The White House stopped short of reiterating Bush's veto threat, issued earlier this year when the House passed the same hate crimes provision as a stand-alone bill. But presidential spokeswoman Dana Perino made clear that Bush believes the federal provision is unnecessary.
"State and local law enforcement agencies are effectively using their laws to the full extent they can," Perino said. She wouldn't comment on the prospects for a veto.
The provision has progressed to this point before. In the Republican-controlled Congress, the Senate in 2004 attached a similar measure to the same authorization bill, but it was stripped out during negotiations with the House.
This time, majority Democrats first passed the provision in the House. So the prospect of being stripped out during negotiations is less likely, leaving open the question of a presidential veto.
The bill is named for Matthew Shepard, a gay college freshman who died after he was beaten into a coma in 1998 in Laramie, Wyo.
Under current federal law, hate crimes apply to acts of violence against individuals on the basis of race, religion, color or national origin. Federal prosecutors have jurisdiction only if the victim is engaged in a specific federally protected activity such as voting.
The bill would extend the hate crimes category to include sexual orientation, gender, gender identity or disability and give federal authorities greater leeway to participate in hate crime investigations. It would approve $10 million over the next two years to help local law enforcement officials cover the cost of hate crime prosecutions. Federal investigators could step in if local authorities were unwilling or unable to act.
Democrats and the provision's Republican supporters said the bill would create a safeguard in states that do not have laws against hate crimes committed based on sexual orientation or gender identity. And they insisted that the provision is relevant to the underlying military spending legislation because both are strikes against terrorist behavior.
"The defense authorization is about dealing with the challenges of terrorism overseas...This (bill) is about terrorism in our neighborhood," said Sen. Edward Kennedy of Massachusetts, the chief Democratic sponsor. "We want to fight terrorism here at home with all of our weapons."
That's a stretch, not to mention a heavy-handed maneuver that "hijacks" a bill that includes a pay increase for troops in wartime, said Sen. John Cornyn, R-Texas.
"I think it's shameful we're changing the subject to take care of special interest legislation at a time like this," Cornyn said on the Senate floor.
During a test tally that preceded the final vote, nine Republicans were among the 60 senators who voted to support the amendment: GOP co-sponsor Gordon Smith of Oregon, Sens. Judd Gregg of New Hampshire, Olympia Snowe of Maine, Susan Collins of Maine, Norm Coleman of Minnesota, Richard Lugar of Indiana, Arlen Specter of Pennsylvania, John Warner of Virginia and George Voinovich of Ohio.
Sen. John McCain, R-Ariz., did not vote.
Republicans were careful not to attack the intent of the legislation, focusing instead on what they said was the "non-germane" nature of the amendment to the overall spending bill.
"There may be a time and place for a hate crimes discussion, but it is certainly not now when national security legislation is being held up," said Senate Republican Conference Chairman Jon Kyl of Arizona.
Retorted Sen. Bob Menendez, D-N.J.: "For some, it never seems to be the right time or the right place."
from The Associated Press

CWA Thanks President Bush For “Hate Crimes” Veto Pledge

“We thank President Bush for honoring our nation’s constitutional tradition of equal protection under the law,” said Matt Barber, Policy Director for Cultural Issues at Concerned Women for America. The Executive Office of the President has issued a statement promising to veto “hate crimes” bill H.R. 1592 should it be approved in Congress today. The statement follows:
“The Administration favors strong criminal penalties for violent crime, including crime based on personal characteristics, such as race, color, religion, or national origin. However, the Administration believes that H.R. 1592 is unnecessary and constitutionally questionable. If H.R. 1592 were presented to the President, his senior advisors would recommend that he veto the bill.”
“State and local criminal laws already provide criminal penalties for the violence addressed by the new Federal crime defined in section 7 of H.R. 1592, and many of these laws carry stricter penalties (including mandatory minimums and the death penalty) than the proposed language in H.R. 1592. State and local law enforcement agencies and courts have the capability to enforce those penalties and are doing so effectively. There has been no persuasive demonstration of any need to federalize such a potentially large range of violent crime enforcement, and doing so is inconsistent with the proper allocation of criminal enforcement responsibilities between the different levels of government. In addition, almost every State in the country can actively prosecute hate crimes under the State’s own hate crimes law.”
“H.R. 1592 prohibits willfully causing or attempting to cause bodily injury to any person based upon the victim’s race, color, religion, or national origin, gender, sexual orientation, gender identity, or disability. The Administration notes that the bill would leave other classes (such as the elderly, members of the military, police officers, and victims of prior crimes) without similar special status. The Administration believes that all violent crimes are unacceptable, regardless of the victims, and should be punished firmly.
“Moreover, the bill’s proposed section 249(a)(1) of title 18 of the U.S. Code raises constitutional concerns. Federalization of criminal law concerning the violence prohibited by the bill would be constitutional only if done in the implementation of a power granted to the Federal government, such as the power to protect Federal personnel, to regulate interstate commerce, or to enforce equal protection of the laws. Section 249(a)(1) is not by its terms limited to the exercise of such a power, and it is not at all clear that sufficient factual or legal grounds exist to uphold this provision of H.R. 1592.
from Concerned Women Of America

Matthew Shepard Act

The Matthew Shepard Foundation applauds today’s passage of inclusive hate crimes legislation by a vote of 237 to 180 in the United States House of Representatives.
This inclusive hate crimes legislation titled the Local Law Enforcement Hate Crimes Prevention Act of 2007 (LLEHCPA) and renamed the Matthew Shepard Act in the United States Senate is an appropriate and measured response to the unrelenting and under-addressed problem of hates crimes against individuals based on sexual orientation, gender, gender identity and disability.
“Although this is the first major step to passing inclusive hate crimes legislation, we have a long way to go to ensure this legislation becomes law. I am personally grateful to the United States House for recognizing the grave reality of hate crimes in America,” said Judy Shepard, Executive Director of the Matthew Shepard Foundation.
Over the last few weeks, this bill has been threatened by misinformation and lies spread by anti-gay organizations trying to block the passage of the bill.
“I am encouraged that the House was able to overcome the lies and misinformation being spread by anti-gay organizations trying to derail this bill. As the parent of a young man killed simply for being gay, I refuse to be silent and let this bill be misconstrued by these organizations,” continues Judy Shepard.
Current federal hate crimes law permits the federal prosecution of a hate crime only if the hate crime was motivated by bias based on race, color, religion, or national origin and the assailant intends to prevent the victim from exercising a "federally protected right" such as the right to vote or attend school. If this legislation is passed by the Senate and signed by the president, the law would be expanded to protect the GLBT community as well as remove the restrictions on what type of acts can be considered applicable under hate crime law.
Hate crime legislation was first enacted in 1968 when our country saw acts of violent hate focused at the African-American community. When Matthew Shepard was brutally murdered in 1998, the current hate crime legislation did not apply to the crime. Without the federal resources needed, finding justice for this horrific act not only cost the small town of Laramie, Wyoming more than $150,000 but also forced the local law enforcement to furlough off five of its force.
The Matthew Shepard Foundation was founded by Dennis and Judy Shepard in memory of their 21-year-old son, Matthew, who was murdered in an anti-gay hate crime in Wyoming in October 1998. Created to honor Matthew in a manner that was appropriate to his dreams, beliefs and aspirations, the Foundation seeks to “Replace Hate with Understanding, Compassion & Acceptance” through its varied education, outreach and advocacy programs.
from Matthew Shepard Foundation