Federal gay hate crime bill dies

The Matthew Shepard Hate Crime bill was removed on Dec. 6 from defense authorization legislation. The Shepard Act would have added sexuality to the list of categories covered under federal hate crime law. It passed the House in May and the White House threatened to veto it. In an effort to get around a veto the Senate version tied the measure to the 2008 defense authorization bill. It passed in September and then went to conference where the two versions of the bill needed to be harmonized for a final vote. Since then the bill has been tied up. On Dec. 6 Senate conferees reluctantly agreed to strip the Shepard Act from the defense bill, realizing that they lack the votes to pass the measure. In a private meeting on Dec. 5, House Majority Leader Steny Hoyer (D-Md.) and House Democratic Whip James Clyburn (D-SC) told Sen. Carl Levin (D-Mich.) that if the Senate continued to insist on the hate crimes provision the defense legislation would fail. Levin, as chairman of the Senate Armed Services Committee, oversees the defense authorization bill, which covers the 2008 budget year. "Today's decision is deeply disappointing, especially given the historic passage of hate crimes legislation through both Houses of Congress this year," said Joe Solmonese, President of the Human Rights Campaign. "After more than ten years and several successful bipartisan votes, it is heartbreaking to fall short this close to the finish line." Solmonese said he hoped lawmakers can find another way of passing the measure before this Congress ends. In a joint statement issued on Dec. 6, the bill's sponsor, Sen. Ted Kennedy (D-Mass.) and Sen. Levin said they were disappointed the House refused to attempt a vote on the legislative package, even if it would have failed. "At a time when our ideals are under attack by terrorists in other lands, it is more important than ever to demonstrate that we practice what we preach, and that we are doing all we can to root out the bigotry and prejudice in our own country that leads to similar violence here at home," the senators said. The Shepard Act's chief Republican sponsor in the Senate said he would work to see the bill passed. "I am deeply frustrated and disappointed with this Congress," said Gordon Smith (R-OR). "The unwillingness of a few to compromise is keeping Matthew's bill from becoming law. The fight doesn't stop now. I will pursue every possible option to turn this legislation in law." Gay Democrats had a strong message for their party. "The Democratic Leadership, which guided this legislation to successful passage in their respective chambers, are now burdened with a moral obligation to see their work completed," said Jon Hoadley, the Executive Director of National Stonewall Democrats. "If the National Defense Authorization Act is not the appropriate vehicle for passage, then we encourage the Democratic Leadership to work with our community to find the most expedient way to place this legislation on the President's desk within this Congress." The Matthew Shepard Hate Crime Act was named for the 21 year old college student who was murdered in an anti-gay hate crime in Wyoming in October 1998. His parents expressed their dismay at the Congressional decision in a joint statement. "At this time of year that fills us all with hope for humankind, we are sad to find that a Congressional majority of each House who have already adopted the Matthew Shepard Act cannot yet come together," said Judy and Dennis Shepard. "If not here, where? If not now, when?" The defense bill authorizes the military to spend some $150 billion in money for the wars in Iraq and Afghanistan and provides detailed policy guidance on the Pentagon's multibillion weapons programs. Speculation had been mounting in recent days that the Shepard Act was in trouble in conference -- the committee of the House and Senate where differing pieces of legislation are harmonized for a final vote. In addition to fears that the defense bill would not pass a final round with the Shepard Act in it there was the certainty of a veto and the impossibility it could be overridden. The Shepard Act was one of three LGBT measures in Congress. The Employment Non-Discrimination Act and Don't Ask, Don't Tell are likely to be put over to the next session which begins in mid January. On Monday 365Gay.com reported that ENDA and DADT could be pushed aside in 2008 in the midst of an election year. If that becomes the case they would die on the order paper when the Congress ends next fall and would have to be reintroduced in the next Congress.