House Widens Hate Crimes Law to Cover Gays

Senate Passage Expected for Bill Linked to Matthew Shepard Making it Federal Crime to Assault Someone Over Sexual Orientation

(AP)  A House vote Thursday put Congress on the verge of significantly expanding hate crimes law to make it a federal crime to assault people because of their sexual orientation. The legislation would bring major changes to law enacted in the days after Martin Luther King Jr.'s assassination in 1968.

"No American should ever have to suffer persecution or violence because of who they are, how they look or what they believe," said House Speaker Nancy Pelosi, D-Calif., noting that hate crimes legislation has been on her agenda since she first entered Congress more than two decades ago.

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

Civil rights groups and their Democratic allies have come close to expanding the hate crimes bill several times in the past decade, but have always fallen short because of lack of House-Senate coordination or opposition from former President George W. Bush.

But this time it appears they may succeed. The bill was attached to a must-pass $680 billion defense policy bill that the Senate could approve as early as next week. President Barack Obama, unlike his predecessor, has promised to sign it into law. The late Edward Kennedy, D-Mass., was a longtime advocate of the hate crimes legislation.

The House vote on the defense bill was 281-146. Unlike usual defense bill votes, most of those in opposition — 131 out of the 146 — were Republicans objecting strenuously to inclusion of what they referred to as "thought crimes" legislation in a defense bill.

"The inclusion of 'thought crimes' legislation in what is otherwise a bipartisan bill for troop funding is an absolute disgrace," said Rep. Tom Price of Georgia, head of the GOP conservative caucus.

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 prosecution 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.

"The day is within sight when lesbian, gay, bisexual and transgender people will benefit from updating our nation's hate crimes laws and giving local law enforcement the tools they need to combat hate violence," said Joe Solmonese, president of the Human Rights Campaign, the nation's largest gay rights group.

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.

[billpl-2009]

it isn't ok to profile people

but it is ok to profile criminals

Hmmm....I smell something fishy

[billpl-2009]

I hate stupid laws

someone please arrest me

[eus109937]

Great legistation on hate crimes inclusion. Very, very sad day when more American taxpayer money is spent on the Shiite Muslim country and Shiite Muslim government of Iraq.

[olyboy]

Pardon me, but why is it certain people get extra protection under the law? Aren't all crimes hate crimes? Why is it worse when someone shoots a black man or a gay woman than when he shoots my sister? Or are crimes against straight women hate crimes too? I'm confused -- why is it again that political correctness enters into our classification of crimes...? And, where is it in the Constitution that it says certain people need more protection under the law?

[stuart-johns2]

If a criminal does a B&E (breaking and entering)in the day time it is one charge. If he does it at night, it's a different charge and carries a stiffer penalty.

A better example would me manslaughter vs. murder. Someone may kill your sister in an automobile accisent. They did'nt mean too. It was an accident. But they are still negligible and probably would be charged with vehicular homicide at the worst.

But if I deliberately set out to crash into females (any female) because I hated them, well....that's a hate crime. It requires forethought, pre-meditation, and a determination to terrorize females at random simply because they are female.

[displeased]

It depends on the motivation of the crime. Are the criminals killing the victims specifically because they're black or gay or are they just random killings. And I don't think of this as further protection to certain people, but a method to add charges to the convicted criminal. Do you see a psychological difference between killing someone because they are different than themselves as opposed to killing someone out of rage, desperation, or drugs?

[barbaram99]

This does not cover transgendered.

[writer10]

you take issue w/ the wording??? How the Fk A+ PC can you be? trannys ARE covered as gays barbara...do your flippin homework...a guy feels he's a gal, gal feels she's a guy...not their given s*x if you will.

[kevboom]

ha ha, I can just picture Fred Phelps getting all wound up over this like Hitler on a tirade. Nice to see justice prevail over hate once in a blue moon.

[bubbadubba]

No American should be attacked for their beliefs or lifestyle, it goes against everything this country stands for.
The question I have is will the law be used if a bunch of gays attack a straight person? I have read several news accounts of lesbians attacking straight women because they were straight.
If it is applied equally, fine with me.

[mensarino]

It is long overdo and the republican opposition to it is but one more example why they are on the outside looking in.

[Marine_Vet]

This is excellent news. Kudos to Congress for taking up and hopefully passing this important legislation.

When two guys punch each other over an argument about money, that is a crime and must be punished.

However, when a person is attacked or murdered simply because they are black or gay or Jewish, etc. that is a crime against humanity. It's worse than regular crime because it is motivated by hate of an entire group rather than just a dispute with an individual.

This legislation is long overdue and I hope to see the Senate pass it President Obama sign it. Well done.

[jclark7613]

It's about time. Good job Congress