The U.S. Senate passed hate-crimes legislation that includes protection for GLBTs on June 15 by a 65 to 33 margin. Officially called the Local Law Enforcement Enhancement Act, the measure was added as an amendment to a spending bill for the Defense Department. It has passed the Senate twice before, only to be striped out in a conference with the House.
'When someone is being stoned in the public square, we should all come to their rescue, and that includes the federal government,' said lead sponsor Gordon Smith, R-Ore., during floor debate.
Ted Kennedy, D-Mass., another leading supporter, called hate crimes 'domestic terrorism plain and simple, and it's unacceptable.'
John Kerry, D-Mass., and Jim Jeffords, I-Vt., both cosponsors of the bill, did not vote. All of the other Democrats and 18 Republicans supported the amendment.
Expansion of federal hate-crimes legislation to include gays was first introduced in 1998 and passed the Senate as an amendment to another appropriations bill in 1999. They tried again in 2000, increasing the margin to 57 to 42.
The House has never passed hate-crimes legislation in any form. Supporters say the Republican leadership opposes allowing a vote because the measure would pass. But the House did pass a motion to instruct, by 232 to 192, urging adoption of the Senate amendment in conference in 2000. That did not happen.
However, Smith told the Washington Post that Armed Services Committee John Warner, R-Va.,has assured him that he will work to keep the amendment in conference. Warner voted for the amendment.
Cheryl Jacques, president of the Human Rights Campaign, which has led the effort to pass the measure, said, 'We must ensure that some of the most heinous crimes are fully prosecuted. Hate crimes are perpetrated by criminals trying to divide Americans. It's critical that Americans are united in prosecuting these violent crimes.'
'We applaud Senate Democrats and those Republicans who rejected the divisive politics of the Republican leadership,' said Dave Noble, executive director of National Stonewall Democrats. 'The Bush White House and Senate Republican leadership continues to use cultural issues in an attempt to divide the electorate. However, it is time for the Republican party to join Democrats in demonstrating a commitment to law enforcement by supporting the equitable prosecution of hate crimes.'
Patrick Guerriero, executive director of Log Cabin Republicans, said, 'Thanks to the courageous leadership of Sen. Smith, the U.S. Senate has sent a strong message that gays and lesbians are a valued part of our great country.'
Gender Issues
Not everyone was excited with the move.
'There was a bit of good news, bad news and more bad news Tuesday,' the National Transgender Advocacy Coalition stated. 'The good news is that hate-crimes legislation covering protections for actual or perceived religion, national origin, gender, sexual orientation, or disability passed the Senate on a bipartisan vote of 65-33. The bad news is that it did not include gender identity or expression.'
'The other bad news,' said Robyn Walters, secretary and media director for the NTAC,'is that the HRC continues to mislead the public about its scope.'
NTAC was upset with HRC press specifically invoking the name of a Navajo transgender youth from Colorado who was beaten to death two years ago. Transgender columnist Rebecca Juro said that HRC 'misled readers' when referencing the trans youth's name in praise of a bill with no stated coverage of transgenders.
'It's also worth noting that HRC defined Barry Winchell's murder as a gay hate crime, despite the fact that his girlfriend, Calpernia Addams, was a pre-operative transsexual woman' Juro added. 'The inference made here is insulting to Ms. Addams.'
'It's a slap in the face,' added St. Pierre, a trans man whose aunt Debra Forte [a trans woman] was killed in a hate crime. 'It's like saying that [my aunt's] life didn't matter.'
