Federal Hate Crimes legislation is critical to protect lesbian, gay, bisexual, transgender, and queer Americans. It was signed into law by President Obama in 2009.
BACKGROUND
Since 1968, there has been a federal Hate Crimes law that penalizes violent crimes against individuals due to their race, religion and national origin. In 2005 legislation extending those protections to include gender, disability, sexual orientation, and gender identity and expression was introduced and voted, and then again in 2007, and again in 2009. President Obama signed the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act on October 28, 2009.
HATE CRIMES TODAY: STATUS OF FEDERAL LEGISLATION
Hate Crimes legislation (HR 1913) was re-introduced in Congress on April 2, 2009.
It passed the House of Representatives on April 29, 2009 by a vote of 249 to 175 as follows:
- Democrats: 231 in favor, 17 against
- Republicans: 28 in favor, 158 against
It was signed into law by President Obama on October 28, 2009, days after it was passed by the Senate.
Similar legislation in Congress in 2005 and 2007 with the following results:
> In 2005, it was approved by the House of Representatives by 223 to 199. It was never presented for a vote in the Senate.
> In 2007, it was reintroduced and passed the House of Representatives on May 3, 2007 by a vote of 237 to 180. It passed the Senate on September 27, 2007 by a vote of 60 to 39. All Democrats, the two independents and nine Republicans voted in favor (the only Senator not voting was John McCain. Senator Larry Craig voted against this legislation). The Democrats did not submit this legislation to president Bush for signature (or veto).
HATE CRIMES LAWS IN INDIVIDUAL STATES
- LGBTQ Americans were not protected against hate crimes in 19 states prior to passing the federal law in October 2009
- Sexual orientation and gender identy/expression were covered in only 14 states
- Sexual orientation only was protected in 17 states
HATE CRIME INCIDENTS
Below are the official annual FBI hate crime statistics for offenses based solely on the real or perceived sexual orientation of the victim:
- 2006 - a total of 1,472 victims
- 2005 - a total of 1,213 victims
- 2004 - a total of 1,482 victims
- 2003 - a total of 1,479 victims
- 2002 - a total of 1,513 victims
- 2001 - a total of 1,664 victims
WHO COMMITS HATE CRIMES
The FBI statistics show that in 2006 there were 1,472 victims of hate crimes due to sexual orientation (the bureau does not track gender identity/expression). Those crimes were committed by 1,415 offenders identified by race as follows:
- 44% were white
- 17% were black
- 5% were other races
- 34% were unknown offender or unknown race
HATE CRIME DEBATE
The Religious Right opposes hate crimes legislation based on the following arguments:
- CLAIM: A crime is already penalized. No needed to penalize more because the motivation was hate.
The fundamentalists say that if the victim is killed, the penalty should be for killing somebody independently of the motivation.
REALITY: Penalties imposed by the judicial system are usually based on motivation. If someone kills somebody by accident the penalty is less severe than if there was premeditation. Likewise, the penalty should be different when the motivation was hate.
- CLAIM: Sexual orientation is for a special group and therefore it does not need to be protected.
REALITY: The law already protects other special groups subject to attack (for example due to religious beliefs). The law needs to protect sexual orientation and gender identity/expression victims, because about the same number of them are attacked per year as people are attacked due to religious beliefs.
- CLAIM: Sexual orientation is a choice (is not innate), so it should not be protected.
REALITY: Science demonstrates that sexual orientation is innate. But even if it were a choice it should be protected since religious beliefs (which are clearly a choice) are already protected.
- CLAIM: Pastors may be tried under this legislation if after giving a sermon a member of the congregation, motivated by the speech, commits a hate crime.
REALITY: This legislation explicitly includes First Amendment protections towards speech. Hate crimes legislation is about actions and bodily harm against somebody. Speech is still protected, even hateful speech.
- CLAIM: The federal government will be interfering with the local police.
REALITY: This legislation has been endorsed by virtually all major law enforcement organizations (including the International Association of Chiefs of Police, the National District Attorneys Association, the National Sheriffs Association, the Police Executive Research Forum, etc.). Police understands the hideousness of these crimes and want to add sexual orientation and gender identity/expression to the federal hate crime laws.
