House votes to expand federal hate crimes protection

Legislation broadening what crimes are covered under the federal hate crimes law to include violent crimes motivated by the victim's gender, gender identity, disability or sexual orientation passed the US House of Representatives on May 3, triggering a Bush veto threat as similar legislation is due to come to the Senate floor. The legislation, titled the Local Law Enforcement Hate Crimes Prevention Act of 2007 (HR 1592), passed by a margin of 237 to 180 as 14 Democrats and 25 Republicans broke with their parties on the issue. Lawmakers who supported HR 1592 assert that those groups who have been added by the House to be included in federal hate crimes law, like the groups previously protected federally, often do not receive equal protection under the law at a state or local level, are sometimes targeted for persecution unrelated to their actions, and in some cases from inaction on the state or local level are effectively persecuted based on bigotry. In a written response from the Bush administration threatening a veto, the White House stated, "Federalization of criminal law concerning the violence prohibited by the bill would be constitutional only if done in the implementation of a power granted to the Federal government, such as the power to protect Federal personnel, to regulate interstate commerce, or to enforce equal protection of the laws." The administration asserted that there is no need to federalize involvement in violent crime against those represented by the expanded categories, signaling that despite previous support for the philosophy, and constitutionality behind hate crimes legislation that prosecuted violent crimes motivated by race, color, religion or national origin, he felt the expanded categories deserved no special attention. "How dare George Bush veto a bill that does nothing more than protect vulnerable people from violence. Hate is not a family value," said National Organization of Women President Kim Gandy. According to the FBI, each day 25 US citizens are victims of hate crimes and one in six hate crimes are motivated by the victim's sexual orientation. The Southern Poverty Law Center estimates that the number may be four times that many since so many hate crimes routinely go unreported. Currently the FBI, along with rest of the federal government, has no authority to investigate, aid local investigation, or prosecute violent crimes motivated by the victim's gender, disabilities or sexual orientation. The House vote also came over the objections of social conservatives, who claim the legislation would criminalize hate speech or other moral opposition to homosexuality. "That is just plain wrong," said Gandy. "This bill does not criminalize hate speech, only physical violence, nor does it infringe on any group's civil rights or religious liberties." The American Civil Liberties Union (ACLU) has asserted that the bill is the first hate crimes bill that specifically upholds free speech, and is the first hate crimes legislation they have supported. "HR 1592 fully protects both civil rights and free speech. In fact, the new hate crimes bill has stronger protections for free speech than any other federal criminal law now on the books," said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. Right-wing religious leaders have been caught outright lying about the hate crimes bill, some claiming that no federal hate crimes law yet exists. In an action alert, Tony Perkins, president of the Family Research Council, went as far as using the memory of the Virginia Tech massacre to argue against HR 1592. Perkins wrote, "Under this legislation, the crimes at Virginia Tech, which some are calling one of the deadliest rampages in US history, would not be punishable to the level of these so-called 'hate crimes.' If the House approves HR 1592 and the Senate follows, a homosexual would have more federal protection under the law than the 32 victims of last week's massacre." "The religious right's attempts to derail hate crimes legislation and block equality for all Americans are about as predictable as the sun rising each day," said Human Rights Campaign President Joe Solmonese. "Instead of engaging in a civil debate on the merits of this bill, they have instead chosen to spread lies." Rep. Heath Shuler, (D-NC), voted against the measure. Speaking to the Asheville Citizen-Times, Shuler said he was guided in his vote equally by political philosophy and by his Baptist religion, which teaches that homosexuality is wrong. The Senate is due to take up the legislation next week and will also be considering a measure titled the Employment Non-Discrimination Act, which would outlaw job discrimination and firings based on a person's sexual orientation or gender identity. Currently the vast majority of lesbian, gay, bisexual and transgender workers receive no employment protection from state or local laws. It remains legal in 33 states to fire or refuse-to-hire based on an individual's sexual orientation. In 42 states, it remains legal to do so based on an individual's gender identity.