The legislation, attached to a defense bill despite GOP protests, is supported by President Obama. It also covers attacks on members of the military.
By Richard Simon
October 9, 2009
Reporting from Washington - A long-debated bill to strengthen the federal hate-crime law to cover violence against gays moved through the Democratic-controlled House today over Republican objections that it was attached to a defense bill.
The measure, expected to go before the Senate within days, had faced a veto threat from President George W. Bush, but enjoys President Obama's support. The Human Rights Campaign, a gay rights group, said the vote puts the bill "closer to becoming law than ever before."
"It's a very exciting day for us here in the Capitol," House Speaker Nancy Pelosi (D-San Francisco) said, noting that she has pushed for strengthening the law since her arrival in Congress 22 years ago.
"What makes these crimes so bad is they are not just crimes against individuals; they are crimes against entire communities," openly gay Rep. Jared Polis (D-Colo.) said during the debate.
White House spokesman Tommy Vietor said that the president looks forward to signing the bill.
"As the president said back in April, the hate-crimes bill takes on an important civil rights issue to protect all of our citizens from violent acts of intolerance, while also protecting our freedom of speech and association," he said.
The legislation -- the first major expansion of the 1968 hate-crimes law -- would expand the law to cover acts of violence motivated by a victim's sexual orientation, gender, disability or gender identity. Existing federal law defines hate crimes as those motivated by bias based on religion, race, national origin or color.
The measure also would give federal authorities more leeway to aid state and local law enforcement in investigating and prosecuting hate crimes. It also makes grants available to state and local communities to combat hate crimes committed by juveniles and to train law enforcement officers in investigating, prosecuting and preventing hate crimes.
House approval of the measure, long championed by the late Sen. Edward M. Kennedy (D-Mass.), comes as Obama prepares to address the Human Rights Campaign on Saturday.
The gay rights group will present an award to Judy and Dennis Shepard, whose gay son, Matthew, was brutally beaten, tied to a fence, and left to die 11 years ago in Wyoming. The legislation is named after him and James Byrd, a black man who was dragged to death behind a truck the east Texas town of Jasper, also in 1998.
The measure passed by a vote of 281 to 146, with Republicans attacking Democrats for putting them in the politically awkward position of voting against a defense bill.
"We should not be doing social engineering on this bill," Rep. Dan Burton (R-Ind.) objected. To the Democrats, he added: "Shame on you."
The bill includes also creates a new federal crime for attacking members of the military because of their service.
Opponents have argued that existing laws cover hate crimes. "Violent attacks on people are already illegal regardless of the motive behind them," said Rep. Mike Pence (R-Ind.), warning that the legislation would "put us on a slippery slope of deeming particular groups as more important than others under our system of justice."
A number of Republicans also assailed the measure as "thought crimes" legislation, contending it could lead to a prosecution of a pastor delivering sermons against homosexuality if one of his church members committed a hate crime. They have hinted at a constitutional challenge.
"Congress should protect all Americans equally and not provide special protections to a few politically favored groups," Tony Perkins, president of the Family Research Council, said in a statement. "It violates the principle of equal justice under the law and also threatens to infringe on the free speech rights of the American people."
The bill's supporters say that they added language to the measure to protect freedom of religious expression.
"There are ample safeguards in the bill for constitutionally protected speech," said Brian Moulton, chief legislative counsel of the Human Rights Campaign.
The group's president, Joe Solmonese, added: "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."
richard.simon@latimes.com
Copyright © 2009, The Los Angeles Times
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