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With little fanfare and no debate, the Senate used a voice vote late last month to approve legislation adding sexual orientation, gender and disability to the categories of people protected under federal hate-crime law. Currently, the law only covers race, color, religion or national origin.
"This is the first concrete action taken by either chamber since America buried Matthew Shepard, James Byrd Jr., Billy Jack Gaither, and many transgendered people whose names and faces do not make the newspapers," said Kerry Lobel, executive director of the National Gay and Lesbian Task Force. "It is a good first step. But we have a long way to go and we must now turn to the House and tell our representatives how critically important this legislation is. In short, we must keep up the heat."
A bipartisan group of senators led the successful move to pass the hate crimes measure in that chamber. They include Sens. Edward M. Kennedy, D-Mass., Gordon Smith, R-Ore.; Charles Schumer, D-N.Y.; Ron Wyden, D-Ore.; Patrick Leahy, D-Vt.; James Jeffords, R-Vt.; and Dianne Feinstein, D-Calif. In a July 20 "Dear Colleague" letter, the senators said: "Hate crimes are uniquely destructive and divisive. They injure not only the victim, but the entire community and sometimes the entire country."
The ultimate fate of the hate crime language is unclear because the House version of the Justice spending bill does not include it. A final verdict probably won't be known until fall, when the overall spending bill is likely to become part of expected budget bargaining between President Clinton and lawmakers.
"With strong administration backing and bipartisan support in both houses of Congress, we expect to be in a strong position in the conference committee to ensure final passage of the Hate Crimes Prevention Act," said Winnie Stachelberg, the Human Rights Campaign's political director.
Also approved was a second, narrower bill by Sen. Orrin Hatch, R-Utah, that would expand federal jurisdiction to hate crimes committed after the crossing of state lines. It would also allow federal aid to state and local law enforcement officials prosecuting hate crimes. It would not expand coverage beyond crimes based on race, color, religion or national origin, which are already covered by federal hate crime law.
"In light of recent brutal anti-gay murders and statistics that show an increase in violent assaults against gay Americans, it is highly irresponsible to exclude sexual orientation from a proposal to combat hate violence," said HRC Political Director Winnie Stachelberg. "I do not understand how Senator Hatch could sit through a hearing and listen to Judy Shepard speak of her murdered gay son, and then offer legislation that does not address the problem of hate violence against gay people."
Under current law, the federal government can prosecute hate-motivated violence if the victim was on federal property or engaged in a federally protected activity such as going to school.
