Bill Won't Cover Attacks Against Gays
Expanded Hate Crime Legislation Dropped From Defense Policy Bill
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Sen. Ted Kennedy, (D-MA) shown here at the 30th Annual Kennedy Center Honors on Dec. 2 in Washington, DC., is the sponsor of the hate-crimes legislation that has been dropped from a major defense spending bill, Thursday, Dec. 6, 2007. (Nancy Ostertag/Getty Images)
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110th Congress
The balance of power shifts and new leadership takes control as the latest session convenes.
The bill, sponsored by Sen. Edward Kennedy, was widely supported by Democrats and even some moderate Senate Republicans. But because it was attached to a major defense policy bill that would have authorized more money for the Iraq war, many anti-war Democrats said they would oppose it.
"We don't have the votes," said one House Democratic aide, who spoke on condition of anonymity because conference negotiations on the defense bill were ongoing. "We're about 40 votes short, not four or six."
The development is a blow to civil rights groups which say that broadening federal laws are necessary to address a rise in crimes motivated by hate based upon a person's sexual orientation or gender identity.
The military bill is "the last clear chance this year for Congress to make a meaningful effort to stop hate crime violence," said Wade Henderson, president of the Leadership Conference on Civil Rights.
Under current federal law, hate crimes include 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.
Kennedy's bill would have extended the category to include sexual orientation, gender, gender identity or disability. It also would give federal authorities greater leeway to participate in hate crime investigations, and allow them to step in if local authorities were unwilling or unable to act.
The measure also would have provided $10 million over the next two years to help local law enforcement officials cover the cost of hate crime prosecutions.
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.
The Senate voted 60-39 in September to attach the bill as amendment to the 2008 defense authorization bill. Nine Republicans broke ranks and sided with Democrats in support of the measure.
The House did not include similar provisions in its version of the defense bill, which it passed in May by a 397-27 vote.
While Democratic leaders said they supported the bill, the bundled package posed too high a hurdle. A substantial number of liberal House members routinely vote against the annual defense bill because of the billions it authorizes in combat operations and for programs such as missile defense.
At the same time, some conservative Democrats and Republicans said they would oppose the legislation if the hate crimes provisions were attached either because they don't think hate crimes laws should be changed or because they don't think the issue should be tied to a bill for the troops.
In a private meeting on Wednesday, House Majority Leader Steny Hoyer, D-Md., and House Democratic Whip James Clyburn, D-S.C., told Sen. Carl Levin, D-Mich., that if the Senate continued to insist on the hate crimes provisions, the defense legislation would fail.
Levin, chairman of the Senate Armed Services Committee, and other Senate Democratic leaders agreed to back down to allow the defense bill to move forward.
The White House called the Senate bill unnecessary, but stopped short of issuing a veto threat.
"State and local law enforcement agencies are effectively using their laws to the full extent they can," said White House spokeswoman Dana Perino after the Senate vote.
House and Senate negotiators were expected to finalize an agreement on the defense bill by late Thursday afternoon. The agreement puts the measure on track to be sent to the president's desk before lawmakers leave this month for their holiday break.
© MMVII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.



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See all 195 CommentsNow that said the administration should not get one dime they have spent more than every other administration in US history. They have spent there share.
OK by me if it won''t pass.
I know that George Bush and the Republicans threaton to hold the troops in Iraq and Afganistan hostage and allow them to starve and die if they don''t get their way - or else fire workers at bases - but, hey, we don''t negotiate with hostage takers.
Whew! That just saved me from ever being prosecuted for a "hate crime".
Posted by yongamerica at 04:53 PM : Dec 06, 2007
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Of course there isn''t. Some guy sticks up a gas station to feed his family or some kid hotwires a car to joy ride...there''s no hate in those crimes... wrong yes but when you commit a crime because you hate the person or the person''s beliefs... that''s a hate crime. We first passed such laws back when the Klan was big in the south. They, the Klan, are Religious Extremist and it''s Religious Extremist who are being protected NOW.
Posted by global_chick at 04:37 PM : Dec 06, 2007
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Hate Crime Legislation was passed by Congress after the Horror of Jim Crowe was played out and all people saw what that was all about. The same Religious Extremist who were being addressed by the orginal legislation is being addressed here. It''s one thing to commit a Crime but yet another to do it for no other reason than pure hatred for that person. The orginal bill covered race, gender and orgin for a apecific reason. There were terrorist Religious Extremist Groups, like the Klan, American Nazi Party and several others, that would seek out and intentionally hurt people BECAUSE they were Black, Jewish, Homosexual or some other group. I''d suggest you go to the Souther Poverty Law Center to get a better feel for what hate crimes are all about. They have been in the business of killing off groups like the Klan for Decades and decades. Hate Crimes Legislation is VERY helpful to them when they go after the Klan, Skin Heads and other Terrorist Organizations in Civil Court. They supported this legislation and was one of the groups who wanted it passed.
My answer to global_chick''s post at 04:37 PM : Dec 06, 2007 is as follows:
The sole purpose of enacting legislation against hate motivated crimes is to emphasize punishment of the attitude that motivates the offender to commit them - as opposed to merely punishing the offender or the act itself. If I attack a person of a different race, religion, gender or s@xual orientation because (s)he has hurt me or mine or tried to take something away from me...that is still reprehensible. But it might be excusable depending on circumstance. If, however, I attack someone BECAUSE of differences in religion, race, etc then I am participating in a form of cultural warfare. This dramatically increases the opprobrium of an already disgraceful act; and it should be subject to a stricter level of penalty.
Yes we do need some form "anti hate crime" legislation on the federal level. But we do not need it attached to a bill that would enable a rouge president to conduct a treasury busting and illegitimate war..
Posted by skyk
No, robbing a gas station is not a "hate crime" nor is hot wiring a car for a joy ride. But tell me. What is the difference between killing or hurting someone because they are gay, or killing or hurting a person just because? We already have laws for that. We don''t need special laws. I have gay friends, but, I don''t agree with their life style. And I don''t agree with their right to marry. But believe it or not, I get along with them fine. I judge them on who they are as a person, not their s*xuality.
Posted by global_chick
Because they stand a higher chance of being targeted for assault and murder BECAUSE they are gay.
Oh, so a hate crime protects those from people that really, really, really hate them.
Neocons will never understand this. They''re too busy supporting hate.
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bottomline..to avoid attacs..one must act accordingly..we wear a certain color in some ''hood'' you get your arsed kicked..you wear a leather thong down the street..you get your arsed arrested or it opens the person to attack..
JUST ACT ACCORINGLY..THINK OF THE LAW..AND THESE WOULD BE UNNECESSARY.
Posted by animalwoman at 05:58 PM : Dec 06, 2007
Hmmm, and all this time I thought the golden rule was; he who has the gold, makes the rules.
Ok, do unto others as you would have them do unto you, but do it first, meaner, harder, crueler than they could. Is that ok?
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then some "other" that is more mean and cruel and bigger than you would come over and kick your arse..because your mentality is the one that is asking for it.
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What if someone''s sexual orientation is for German Shepherds and I don''t want anybody messing up my German Sheperd, is that a hate crime? haaaaaaa
if that is the case..there should be a law about *** attacking straight people..straight people attacking black people...black people attacking hispanics..EVERYBODY WANTS TO BE SPECIAL..
GET OVER IT.......
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FUNNY ENOUGH..there is a law about that...and there is a law about fondling..killing..children..HAAAAAA..
please dont complicate things..
By whose standards?? If I throw a rock at you, but don''t know you''re gay, is that a hate crime? What if you''re in the closet? Their is no rhyme or reason WHATSOEVER to create special laws!! I said it before and I will say it again: Everyone is already protected under the laws of this country. We do not need a special victims unit.
Comments like that show exactly why a bill like this is necessary.
Comments like that show exactly why a bill like this is necessary.
Posted by wireferee
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No it doesn''t, if he harms or murders someone he is still guilty of a crime and should be punished. By your reasoning, someone that murders a homosexual, transgendered, or bi should receive a harsher sentence than someone that murders and elderly person, a child, etc. What exactly are you saying?
Some rocket scientist want to try and explain that one to me?
please dont complicate things..
Posted by libsluvsuvs at 06:18 PM : Dec 06, 2007
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There used to be laws on the books against homosexuality and sodomy too! That is the point, that things gravitate toward greater and greater immorality.
Just by calling it "sexual orientation" can be manipulated to include whatever one chooses given enough support from respective groups. You get my point?
Posted by global_chick at 06:21 PM : Dec 06, 2007
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Exactly!
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