Gay hate crime measure passes Senate

The Matthew Shepard Hate Crime bill passed the Senate on Sept. 27, setting up a potential battle with the White House. The measure has already passed the House. The two versions of the bill must be reconciled before heading to President Bush. In a bid to head off a threatened veto, the Senate's chief sponsor, Sen. Ted Kennedy (D-MA) tacked the bill onto a Defense spending bill as an amendment. The president is desperate to have the spending bill passed. The White House has not said if the president would veto the Defense bill to kill the Shepard Act. The attack on the bill in the Senate was led by Orrin Hatch (R-UT) who called it "unwise, unnecessary and unconstitutional." Hatch said that the term "gender identity" is ambiguous and unenforceable. Rather than passing legislation now he suggests more study of all hate crimes is necessary. The Utah Republican offers an alternative amendment that would set up a task force with the states. Other GOP leaders were careful not to attack the legislation itself, focusing instead on what they said was the "non-germane" nature of the amendment to the overall spending bill. Following an impassioned plea by Sen. Edward Kennedy, the Senate voted to end debate on the Shepard Act -- receiving just the 60 votes needed for cloture. The bill then passed on a simple voice vote. Among those opposing cloture and the bill was Sen. Larry Craig (R-Idaho) who is fighting to overturn a guilty plea he entered after being busted in a gay sex sting operation in the men's washroom at the Minneapolis airport. Opponents vowed to fight the inclusion of the Shepard Act in the Defense bill during conference sessions with the House. "The president is not going to agree to this social legislation on the defense authorization bill," said Sen. Lindsey Graham, R-SC "This bill will get vetoed." Nevertheless, LGBT civil rights leaders sitting in the Senate gallery were delighted. "For over a decade our community has worked tirelessly to ensure protections to combat violence motivated by hate and today we are the closest we have ever been to seeing that become a reality," said Human Rights Campaign President Joe Solmonese. "Congress has taken an historic step forward and moved our country closer to the realization that all Americans, including the GLBT community, are part of the fabric of our nation. The new leadership in Congress fully understands that for too long our community has been terrorized by hate violence. And today, the US Senate has sent a clear message to every corner of our country that we will no longer turn a blind eye to anti-gay violence in America." Federal hate crime legislation already covers people on the basis of race and religion. Republicans and socially conservative groups argued that adding sexuality and gender identification to hate crime law would allow gays to target churches. "This legislation marks a milestone for both First Amendment rights and civil rights," said Caroline Fredrickson, director of the ACLU Washington Legislative Office. "You can fight hate crimes without harming free speech, and this legislation reaches that goal," said Fredrickson. "By passing this bill with comprehensive language, this legislation will provide law enforcement agencies with the tools needed to fully prosecute bias motivated crimes," said Jon Hoadley the Executive Director, National Stonewall Democrats. "We urge President Bush to stand with the American people, who have demonstrated their strong support for this legislation, and ultimately sign this bill into law once it reaches his desk." During debate on the bill, Oregon Republican Sen. Gordon H. Smith, another sponsor invoked the name of Matthew Shepard for whom the bill is named in a speech on the Senate floor on Sept. 27. "For those of you who do not know Matthew Shepard's story, it is truly heartbreaking," said Smith. "Matthew was a 21-year-old college student at the University of Wyoming when he was attacked. Shortly after midnight, on October 7, 1998, Matthew was kidnapped, beaten, pistol whipped, lashed to a lonely stretch of fence and left to die alone. Almost 18 hours later, Matthew was found alive but unconscious. His injuries were deemed too severe for surgery and Matthew died October 12. "He was murdered by two men simply for who he was, because he was gay. To think that such virulent hatred of another person's sexual orientation drove another to commit such a heinous act is truly unthinkable. Sadly, this case is not isolated," said Smith. Matthew Shepard's parents said the legislation sends a bold and unmistakable message about violent hate crimes. "The Matthew Shepard Act is an essential step to erasing hate in America and we are humbled that it bears our sons name," said Judy and Dennis Shepard in a statement. "It has been almost nine years since Matthew was taken from us. This bill is a fitting tribute to his memory and to all of those who have lost their lives to hate." In May, shortly before the House voted to pass the bill, the White House called the measure "unnecessary" and "constitutionally questionable." Following Thursday's Senate vote White House spokesperson Dana Perino reiterated Bush's opposition but would not comment on the prospects for a veto now that the measure is part of the Defense bill. "We believe that state and local law enforcement agencies are effectively using their laws to the full extent they can," Perino said. FBI statistics show that one in six hate crimes is motivated by the victim's sexual orientation.