Pictured Mara Keisling, executive director of the National Center for Transgender Equality. Photo by Bob Roehr
Hate-crimes legislation that for the first time includes protection for transpersons was introduced in the U.S. House of Representatives May 26. The measure is known as the Local Law Enforcement Hate Crimes Prevention Act of 2005 ( H.R. 2662 ) .
The lead sponsors are Reps John Conyers, D-Mich., Barney Frank, D-Mass., Christopher Shays, R-Conn., and Ileana Ros-Lehtinen, R-Fla. A handful of Republicans are among the 96 sponsors.
'It is a tragedy and a travesty that crimes motivated by hate continue to plague our nation,' Ros-Lehtinen told the Miami Herald. 'It is important that local law enforcement agencies have the tools they need from the federal government to combat hate crimes.'
The Cuban-American Representative from Miami has become an increasingly vocal supporter of gay issues. She recently spoke out in opposition to the antigay military policy known as 'Don't Ask, Don't Tell.'
'This is an historic moment,' said Mara Keisling, executive director of the National Center for Transgender Equality. 'It marks the first time that members of Congress have openly expressed the need for explicit federal protections for transgender people. Transgender-inclusive hate-crimes legislation sends a strong message that violence based on gender identity and expression is not acceptable and will not be tolerated,' she said.
'Given the pervasive nature of hate violence against transgender people, any hate-crimes bill that fails to specifically include transgender people would be deeply flawed, both morally and from a law enforcement perspective,' said Matt Foreman, executive director of the National Gay and Lesbian Task Force. 'We hope the Senate will now update its bill with the new House language so that we can support it as well.'
'Transgender and gay Americans deserve the same clear protections against hate crimes as other Americans,' added Human Rights Campaign President Joe Solmonese.
The American Civil Liberties Union had declined to endorse such legislation in the past because of fears that it might chill constitutionally protected speech. However, other changes in drafting the bill have allayed their fears and they are endorsing H.R. 2662.
'This carefully crafted measure shows that you can prosecute hate crimes without attacking freedom of expression,' said ACLU lobbyist Christopher Anders.
He said the current language removes the danger that unrelated speech-related evidence would be used as a basis for convicting a person of a hate crime. It also eliminates the risk of prosecutors focusing on 'guilt by association' with groups whose bigoted views we may all find repugnant, but which had no role in committing the violent act.
The measure likely would pass if put to a vote but opposition from the conservative Republican leadership in the House is not likely to let that happen during this session.
A similarly titled and easily confused bill, the Hate Crimes prevention Act of 2005 ( H.R. 259 ) , was introduced in January. The newer measure supplants the older one.