US House Passes Federal Hate Crime Bill
Bill Nicknamed the Matthew Shepard Act Now Moves on to the US Senate
May 1, 2009
The US House of Representatives passed HR1592 or the Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA) to add offenses committed out of prejudice based on a victim's sexual orientation, gender identity and disability to a list of hate crimes. The LLEHCPA has also been called the Matthew Shepard Act in honor of gay student Matthew Shepard, who was brutally tortured and murdered in 1998 in Laramie, Wyoming.
Matthew Shepard Act Will Re-Define Hate Crime and Ensure Prosecution
The hate crimes bill re-defines hate crimes as those motivated by prejudice and based on a victim’s race, color, religion, national origin, gender, sexual orientation, gender identity or disability. The vote was 249 to 175, dividing significantly along party lines with most Democrats voting in favor of the bill and most Republicans voting against it.
To ensure hate crimes are prosecuted to the fullest extent of the law, the bill provides grant funding for state and local authorities to investigate and prosecute hate crimes. Because not all states are willing to recognize offenses committed against people because of their sexual orientation or gender identity as hate crimes, the bill also allows for the federal government to prosecute the cases. Therefore, if a state is unwilling or unable to fully investigate and prosecute a hate crime, then the federal government can insure that justice is served.
Those convicted of hate crimes face additional penalties, such as adding additional time to a prison sentence.
Hate Crime Bill Opposed by Republicans and the Religious Right on Grounds of Free Speech
While the hate crime bill passed, it was not without vocal opposition in the House of Representatives. Republicans spoke against the bill claiming it would violate a person's right to free speech and religious organizations say it would also violate their First Amendment rights.
Mathew Staver, founder of the Liberty Council, a law firm that works on religious freedom cases, spoke out against the legislation because he claims it could be used to prosecute religious leaders who preach against homosexuality. "It elevates homosexuality to the same protective category as race. It's all part of the radical homosexual anarchist agenda," Staver said.
The most controversial opponent was Representative Virginia Foxx (R-NC) who claimed the murder of Matthew Shepard was not a hate crime but a robbery gone bad. She called the crime a "hoax" to justify passing hate crime legislation. She has since said "hoax" was a "poor choice of words."
Hate Crime Bill Now to Be Reviewed By the US Senate
Since being approved by the House, the bill will now move on to the US Senate. A review has not yet been scheduled.
If the legislation is passed, then it will move to the desk of President Obama for his approval or veto. Obama has publicly supported the bill and so it is anticipated that with the approval of the Senate, the hate crime legislation will become federal law.
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