Hate crimes up 11 percent in 2008

The Human Rights Campaign, the nation’s largest gay, lesbian, bisexual and transgender (LGBT) civil rights organization, responded today to the Federal Bureau of Investigation report which showed the number of victims of bias-motivated crimes based on sexual orientation increased by 11 percent in 2008. The statistics show that reported hate crimes against the LGBT community have increased for the third year in a row. Hate crimes based on sexual orientation remain the third most common type of hate crimes, behind race and religion.

“These numbers are unacceptable. While it is so important that we have the new federal hate crimes law, it is critical to ensure that we continue working with the Department of Justice to ensure the safety of LGBT citizens,” said Human Rights Campaign President Joe Solmonese. "We have to prosecute each hate crime to the fullest extent of the law, but we also need to get at the roots. When we don't know each other as human beings, ignorance breeds misunderstanding, which breeds hate, which too often this year led to violence. We have to keep fighting the prejudices and stereotypes that underlie these acts.”

More after the jump.


On October 28, President Barack Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law. The new law gives the Justice Department the power to investigate and prosecute bias-motivated violence by providing the Justice Department with jurisdiction over crimes of violence where a perpetrator has selected a victim because of the victim’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability. In addition, it provides the Justice Department with the ability to aid state and local jurisdictions with investigations and prosecutions of bias-motivated crimes of violence.

The new law also authorizes the Justice Department to provide grants to state and local communities to cover the extraordinary expenses associated with the investigation and prosecution of hate crimes. Moreover, it authorizes the provision of grants for local programs to combat hate crimes committed by juveniles, including programs that train local law enforcement officers in identifying, investigating, prosecuting and preventing hate crimes.

The data comes just days after the LGBT community mourned on Transgender Day of Remembrance – honoring the memories of those lost in hate crimes motivated by gender identity bias. While current data does not track crimes on based on gender or gender identity, the new hate crimes law requires the FBI to track statistics on these incidents.




Advocate.com live streams signing of federal hate crimes act

Log on to Advocate.com as President Obama makes history by officially signing into law the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

Federal Hate Crimes round up

Everybody's weighing in on President Obama's historic signing of the federal hate crimes act and I'll be updating this post throughout the day so you can see what the politicos, pundits, and plain regular people have to say about it.

See statements from President Obama, The Center, Lambda Legal, Judy Shepard, and many others after the jump.


Lambda Legal:
This is an historic day: President Obama has signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law — the first federal law in our nation’s history that specifically protects the lesbian, gay, bisexual and transgender community.

Years after the tragic murders of Matthew Shepard, Brandon Teena, Sakia Gunn and others our government is finally standing up and saying: No more. Our community demanded action, and we never gave up.

This law will send a message that violence motivated by hate will not be tolerated in this country and is a welcome first step towards other critical protections for the lesbian, gay, bisexual and transgender community.

Lambda Legal represented the family and estate of Brandon Teena, a transgender man who was brutally raped and murdered in Nebraska in 1993 (the subject of the movie Boys Don’t Cry) to make sure that the law enforcement officials who had failed Teena were held accountable.

This law comes too late to provide justice for the victims of violence we have already lost, but it holds the promise of greater safety and respect for LGBT people today and in the future.

Our work is not done. Now that the Hate Crimes Act has become law, Congress and the President must also enact an inclusive ENDA to protect us against discrimination on the job. The majority of Americans support workplace protections for lesbians, gay men, bisexuals and transgender people and there is no reason for further delay. There is also no reason to delay the repeal of the so-called Defense of Marriage Act and Don't Ask, Don't Tell — there should be no place for discrimination in our laws.

As one Justice Department official said, "[The Hate Crimes Act] is going to be used extensively." But our hope at Lambda Legal is that this law will not need to be used over and over again each year. Our hope is that antigay violence decreases and disappears.

Today we celebrate this exciting progress, as we remember those we have lost to violence. Tomorrow, we continue working together to achieve equality.

The Center:
Today The Center celebrates the next step toward full equality for our LGBT community. We thank Congress and President Barack Obama for passing and signing historic legislation that will expand federal hate crime protections to include sexual orientation and gender identity.

The Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act is the first major federal civil rights law protecting lesbian, gay, bisexual and transgender people.

In the past three years alone, over 4,000 LGBT Americans were the victims of bias-motivated hate crimes.* This legislation is another tool to help law enforcement agencies force that number into decline.

"Those who would commit violent crimes motivated only by their unjust anger toward LGBT individuals must understand that our community and our country are dedicated to ensuring that they will face the full measure of the law, and learn that their actions will not be tolerated in our society," said Carlos Martinez, Executive Director of The Center.

In 2008, it's estimated that 100 Coloradoans were the victims of anti-LGBT hate crimes. In the United States overall, 30 LGBT community members were murdered** for their perceived sexual orientation or gender identity.

"This law is critical to many Americans because it will give the U.S. Department of Justice the power to investigate and prosecute bias-motivated crimes," said Mindy Barton, Legal Director of The Center. "With a hate crime, a perpetrator singles out the victim based on his or her actual or perceived sexual orientation or gender identity and that impacts not just the victim, but the community as a whole."

Judy Shepard, mother of Matthew Shepard and President of the Board of Directors of the Matthew Shepard Foundation
When Dennis and I started calling 10 years ago for federal action to prevent and properly prosecute hate crimes against gay, lesbian and transgendered Americans, we never imagined it would take this long.

The legislation went through so many versions and so many votes that we had to constantly keep our hopes in check to keep from getting discouraged. But with President Obama’s support and the continually growing bipartisan majorities in the House and Senate lining up behind the bill this year, it became clear that 2009 was the year it would finally happen.

We are incredibly grateful to Congress and the president for taking this step forward on behalf of hate crime victims and their families, especially given the continuing attacks on people simply for living their lives openly and honestly. But each of us can and must do much more to ensure true equality for all Americans.

Campaigning for hate-crimes legislation may be what I am known best for, but our family and the Matthew Shepard Foundation will continue to push for true equality for every American until the work is complete. Too many people face the threat of losing their jobs or their homes due to their sexual orientation. Too many same-sex couples lack legal protections for their property, their health care decisions, and their children. Too many devoted and dedicated servicemembers are being turned away by our armed forces.

I hope, as you reflect on the success of the hate crime prevention bill, that you also take the extra step of contacting your state and federal elected officials in support of full equality for all citizens, regardless of difference.

Be open about who you are and who you love. Dispel stereotypes and assumptions. Tell your stories. And support the continued work of the Matthew Shepard Foundation to "Replace Hate with Understanding, Compassion, and Acceptance."

Remarks by President Obama at reception commemorating the enactment of federal hate crimes act
THE PRESIDENT: Thank you so much, everybody. Thank you so much, and welcome to the White House.

There are several people here that I want to just make mention of because they helped to make today possible. We've got Attorney General Eric Holder. (Applause.) A champion of this legislation, and a great Speaker of the House, Nancy Pelosi. (Applause.) My dear friend, senior Senator from the great state of Illinois, Dick Durbin. (Applause.) The outstanding Chairman of Armed Services, Carl Levin. (Applause.) Senator Arlen Specter. (Applause.) Chairman of the Judiciary Committee in the House, Representative John Conyers. (Applause.) Representative Barney Frank. (Applause.) Representative Tammy Baldwin. (Applause.) Representative Jerry Nadler. (Applause.) Representative Jared Polis. (Applause.) All the members of Congress who are here today, we thank you.

Mr. David Bohnett and Mr. Tom Gregory and the David Bohnett Foundation -- they are partners for this reception. Thank you so much, guys, for helping to host this. (Applause.)

And finally, and most importantly, because these were really the spearheads of this effort -- Denis, Judy, and Logan Shepard. (Applause.) As well as Betty Byrd Boatner and Louvon Harris -- sisters of James Byrd, Jr. (Applause.)

To all the activists, all the organizers, all the people who helped make this day happen, thank you for your years of advocacy and activism, pushing and protesting that made this victory possible.

You know, as a nation we've come far on the journey towards a more perfect union. And today, we've taken another step forward. This afternoon, I signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. (Applause.)

This is the culmination of a struggle that has lasted more than a decade. Time and again, we faced opposition. Time and again, the measure was defeated or delayed. Time and again we've been reminded of the difficulty of building a nation in which we're all free to live and love as we see fit. But the cause endured and the struggle continued, waged by the family of Matthew Shepard, by the family of James Byrd, by folks who held vigils and led marches, by those who rallied and organized and refused to give up, by the late Senator Ted Kennedy who fought so hard for this legislation -- (applause) -- and all who toiled for years to reach this day.

You understood that we must stand against crimes that are meant not only to break bones, but to break spirits -- not only to inflict harm, but to instill fear. You understand that the rights afforded every citizen under our Constitution mean nothing if we do not protect those rights -- both from unjust laws and violent acts. And you understand how necessary this law continues to be.

In the most recent year for which we have data, the FBI reported roughly 7,600 hate crimes in this country. Over the past 10 years, there were more than 12,000 reported hate crimes based on sexual orientation alone. And we will never know how many incidents were never reported at all.

And that's why, through this law, we will strengthen the protections against crimes based on the color of your skin, the faith in your heart, or the place of your birth. We will finally add federal protections against crimes based on gender, disability, gender identity, or sexual orientation. (Applause.) And prosecutors will have new tools to work with states in order to prosecute to the fullest those who would perpetrate such crimes. Because no one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability.

At root, this isn't just about our laws; this is about who we are as a people. This is about whether we value one another -- whether we embrace our differences, rather than allowing them to become a source of animus. It's hard for any of us to imagine the mind-set of someone who would kidnap a young man and beat him to within an inch of his life, tie him to a fence, and leave him for dead. It's hard for any of us to imagine the twisted mentality of those who'd offer a neighbor a ride home, attack him, chain him to the back of a truck, and drag him for miles until he finally died.

But we sense where such cruelty begins: the moment we fail to see in another our common humanity -- the very moment when we fail to recognize in a person the same fears and hopes, the same passions and imperfections, the same dreams that we all share.

We have for centuries strived to live up to our founding ideal, of a nation where all are free and equal and able to pursue their own version of happiness. Through conflict and tumult, through the morass of hatred and prejudice, through periods of division and discord we have endured and grown stronger and fairer and freer. And at every turn, we've made progress not only by changing laws but by changing hearts, by our willingness to walk in another's shoes, by our capacity to love and accept even in the face of rage and bigotry.

In April of 1968, just one week after the assassination of Martin Luther King, as our nation mourned in grief and shuddered in anger, President Lyndon Johnson signed landmark civil rights legislation. This was the first time we enshrined into law federal protections against crimes motivated by religious or racial hatred -- the law on which we build today.

As he signed his name, at a difficult moment for our country, President Johnson said that through this law "the bells of freedom ring out a little louder." That is the promise of America. Over the sounds of hatred and chaos, over the din of grief and anger, we can still hear those ideals -- even when they are faint, even when some would try to drown them out. At our best we seek to make sure those ideals can be heard and felt by Americans everywhere. And that work did not end in 1968. It certainly does not end today. But because of the efforts of the folks in this room -- particularly those family members who are standing behind me -- we can be proud that that bell rings even louder now and each day grows louder still.

So thank you very much. God bless you and God bless the United States of America.

Jarrett Barrios of GLAAD
The Gay & Lesbian Alliance Against Defamation (GLAAD), the nation’s lesbian, gay, bisexual and transgender (LGBT) media advocacy and anti-defamation organization, today applauded President Barack Obama today for signing the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law.
The law extends existing federal protections (which currently cover violent hate crimes based on a victim’s race, color, religion and national origin) to include gender identity, sexual orientation, gender and disability; allows the Justice Department to assist in hate crime investigations at the local level; and mandates that the FBI begin tracking hate crimes based on actual or perceived gender identity, sexual orientation, gender and disability.

“With this law, President Obama and Congress have sent a message that violence against lesbian, gay, bisexual and transgender people is wrong and that our community should not be excluded from the protections of our nation’s laws” said GLAAD President Jarrett Barrios. “This is a landmark step in eliminating the kind of hate motivated violence that has taken the lives of so many in our community including Brandon Teena, Matthew Shepard, Fred Martinez, Gwen Araujo, Sakia Gunn, Sean Kennedy, Angie Zapata, Duanna Johnson, Lateisha Green and so many others. The visibility of these tragic losses and the conversations that they sparked brought us to today’s historic step toward ending this violence.”

GLAAD has worked with media outlets and families of victims to raise visibility among the public about the need for LGBT-inclusive federal protections.

“We especially thank Judy and Dennis Shepard and so many of the families of those who have lost their lives to hate violence for their tireless commitment, along with so many individuals and organizations, to educate people about the importance of this legislation.”

“Today is another step toward full equality, where LGBT people can be respected and feel safe in our communities with the knowledge that the laws will protect us too. Our community’s work is far from over and media have the same responsibility today as they’ve always had: to continue telling the stories of LGBT victims of hate violence until the day that anti-LGBT violence is truly and finally a thing of the past.”

American LGBT Leaders
It took much too long, more than a decade. And it came at too great a price: the brutal killings of Matthew Shepard and James Byrd, Jr. are just two among the thousands of crimes motivated by hate and bigotry.

But this week, the president put pen to paper and fulfilled a campaign promise, the signing of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, extending the federal hate crimes statute to include sexual orientation and gender identity along with race, religion, gender, national origin and disability. Our deepest hope and strong belief is that this new law will save lives. Now, lawmakers and the president have made an imperative statement to the country and the world: Our nation will no longer tolerate hate-motivated violence against lesbian, gay, bisexual and transgender (LGBT) people.

We have worked long and hard for this and its passage is historic.

According to the Federal Bureau of Investigation’s Uniform Crime Reporting Program, there are nearly 8,000 hate crime-related incidents annually, and more than 1,200 of those incidents involve violence based on sexual orientation or gender identity. And even more alarming, while the overall occurrence of hate crimes is declining nationally, hate crimes against LGBT people have been increasing. This year alone, we saw hate crimes trials in the brutal killings of two transgender women, Angie Zapata and Lateisha Green.

As a result of this legislation, if local jurisdictions are unable or unwilling to investigate or prosecute hate crimes based on sexual orientation or gender identity, the Justice Department can now step in. And that’s why the LGBT community never stopped working for this historic day.

This legislation not only has practical value, but is a symbol of our progress. It is the first time in the nation’s history that Congress has passed explicit protections on the basis of sexual orientation and gender identity. We could not have reached this moment without the powerful support of our allies who stood with us every step of the way. We are deeply grateful to civil rights, civic, faith and disability rights groups, as well as law enforcement and district attorney organizations that worked side by side with the LGBT advocates. We are equally thankful to Congress, President Obama and members of his administration for passing and signing this bill into law.

While today we celebrate this marker of progress, we must recognize it as only one of the building blocks to full equality and demand that it be just a first step toward equal treatment under federal law in all areas of our lives. And we must focus on the next step.

The passage of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act provides us with an opportunity. We must use this moment to educate and keep the momentum going so that we can continue to make progress on the local, state and federal levels. Yes, legislation takes a long time — often years of work. Yet, our community is on the cusp of passing much-needed protections.

This week, we call upon lesbian, gay, bisexual and transgender people, families and allies to take this opportunity of increased media and public attention on hate crimes to educate co-workers, classmates, neighbors, family members and friends about our lives, and about why we need not only their friendship and love, but their vocal support for a more just and equal America for LGBT people. If your members of Congress voted in support of hate crimes legislation, call them and thank them. Then ask them to be there for us again when the vote turns to workplace nondiscrimination, military service and partnership rights.

With your help and our collective pressure, equality is within reach.

When talking about the need for hate crimes legislation, House Speaker Nancy Pelosi said: “The time for debate is over.”

She was right.

Just as the time has finally come for stronger hate crime protections, it is also time to pass an inclusive Employment Non-Discrimination Act, repeal “Don’t Ask, Don’t Tell” and the so-called Defense of Marriage Act, and ensure that health care, economic policy and immigration reform incorporate the needs of LGBT people.

The time for debate is over.

Signed by:

Jo Kenny, AFL-CIO Pride at Work
Terry Stone, Centerlink: The Community of LGBT Centers
Gabe Javier & Debbie Bazarsky, Consortium of Higher Education LGBT Resource Professionals
Marianne Duddy-Burke, DignityUSA
Toni Broaddus, Equality Federation
Jennifer Chrisler, Family Equality Council
Evan Wolfson, Freedom to Marry
Lee Swislow, Gay & Lesbian Advocates & Defenders
Rebecca Allison, M.D., Gay & Lesbian Medical Association
Chuck Wolfe, Gay & Lesbian Victory Fund
Eliza Byard, Gay, Lesbian and Straight Education Network
Marjorie Hill, Gay Men’s Health Crisis
Joe Solmonese, Human Rights Campaign
Rachel Tiven, Immigration Equality
Earl Fowlkes, International Federation of Black Prides
Kevin M. Cathcart, Lambda Legal
Leslie Calman, Mautner Project: The National Lesbian Health Organization
Sharon Lettman, National Black Justice Coalition
Kate Kendell, National Center for Lesbian Rights
Mara Keisling, National Center for Transgender Equality
Justin Nelson, National Gay & Lesbian Chamber of Commerce
Rea Carey, National Gay and Lesbian Task Force
Paul Kawata, National Minority AIDS Council
Kyle Bailey, National Stonewall Democrats
Greg Varnum, National Youth Advocacy Coalition
Sharon Stapel, New York Anti-Violence Project
Selisse Berry, Out & Equal Workplace Advocates
Jody Michael Huckaby, PFLAG National
Michael Adams, Services and Advocacy for GLBT Elders (SAGE)
Aubrey Sarvis, Servicemembers Legal Defense Network








HRC lauds signing of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, praised President Barack Obama today for signing the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law. The new law gives the Justice Department the power to investigate and prosecute bias-motivated violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability. The legislation was added as a provision to the FY 2010 National Defense Authorization Act earlier this Summer. For a comprehensive retrospective and historical overview of hate crimes advocacy visit: www.LoveConquersHate.org.

More after the jump.


“This law honors our lesbian, gay, bisexual and transgender brothers and sisters whose lives were cut short because of hate,” said Human Rights Campaign President Joe Solmonese. “Today’s signing of the first major piece of civil rights legislation to protect LGBT Americans represents a historic milestone in the inevitable march towards equality. Although this is a major step in fighting the scourge of hate violence, it is not the end of the road. As a community, we will continue to dedicate ourselves to changing not only laws but also hearts and minds. We know that hate crimes not only harm individuals, but they terrorize entire communities. After more than a decade of advocacy, local police and sheriffs’ departments now have the full resources of the Justice Department available to them.”

“We applaud President Obama for signing this bill into law and thank the leadership and our allies in the House and Senate. We also will always remember the tireless efforts of Senator Edward Kennedy on this issue. Senator Kennedy once said that this legislation sends ‘a message about freedom and equality that will resonate around the world.’ This marks the first time that we as a nation have explicitly protected the LGBT community in the law. And this law sends a loud message that perpetrators of hate violence against anyone will be brought to justice,” said Solmonese.

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act honors the memory of Matthew Shepard, a Wyoming college student brutally murdered in an act of hate violence in 1998, and James Byrd, an African-American man who was dragged to death in Jasper, Texas, in 1998.

“We are incredibly grateful to Congress and the president for taking this step forward on behalf of hate crime victims and their families, especially given the continuing attacks on people simply for living their lives openly and honestly,” said Judy Shepard, executive director of the Matthew Shepard Foundation. “But each of us can and must do much more to ensure true equality for all Americans.”

“We appreciate everyone who worked so hard on this bill. My son was taken at such an early age and we hope this law will help prevent other families from going through what we experienced,” said Stella Byrd, mother of James Byrd. “Even though we’re different colors and different sexual orientations or gender identities, God made us all and he loves us all.”

The new law also provides the Justice Department with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable, by taking the lead in investigations and prosecutions of violent crime resulting in death or serious bodily injury that were motivated by bias. It also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers, or to assist in state and local investigations and prosecutions of bias motivated crimes.

This legislation was first introduced in the 105th Congress. There have been 14 total votes in the U.S. House and U.S. Senate to bring this historic legislation to the president’s desk.



Gay rights activists to demonstrate at White House before signing of Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

Parents of gays and lesbians, teachers and activists carrying photos of hate crime murder victims including Harvey Milk and Matthew Shepard will demonstrate in front of the White House on Wednesday, October 28 from noon to 2 p.m. prior to the President signing the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. The amendment adds gender, sexual orientation, gender identity and disabilities to the federal hate crimes act.

The demonstration is organized by Equality Forum, a national and international GLBT civil rights organization with an educational focus.

According to the National Coalition of Anti-Violence Programs, there were 29 hate crime murders of gay, lesbian, bisexual or transgender (GLBT) Americans among the 2,424 GLBT hate crimes in 2008. Since 1998, when Matthew Shepard was murdered, there have been over 16,000 hate crime victims, on average, about 1,450 GLBT hate crimes per year.

“Homophobia has fueled carnage since Matthew Shepard’s murder 11 years ago,” stated Malcolm Lazin, Executive Director of Equality Forum. “The Matthew Shepard Amendment is the beginning not the end in recognizing, addressing and eliminating homophobia in our schools, workplaces, neighborhoods and culture.”

“We applaud those in Congress and President Obama who support the Matthew Shepard Amendment,” stated Susan Wheeler of Lebanon, Pennsylvania, the mother of James Wheeler. “My son took his life after being repeatedly harassed in high school. He was surrounded in the locker room and urinated on. Jim never recovered from that humiliation.”

“We demonstrate as a reminder of the over 16,000 hate crime victims since Matthew’s brutal murder,” stated Michael and Barbara Klinman of Havertown, Pennsylvania, who are parents of a gay son. “These crimes are intended to intimidate the GLBT community and their ferocity impacts the soul of America.”

“As we carry the photos of murder victims of GLBT hate crimes, we stand-in for those whose lives have been silenced,” stated Carol Watchler, GLSEN Central New Jersey Co-Chair. “We demonstrate because we are concerned about the safety of youth. We want to ensure that gay and lesbian children are not hate crime statistics and can live without fear of homophobic violence.”

Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act round up

A landmark federal hate crimes measure that would add protections based on sex, sexual orientation, gender identity or disability is set to become law. The U.S. Senate on Thursday voted 68-29 to approve the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, which was attached to a Pentagon spending bill. A similar measure cleared the House earlier this month. President Barack Obama has said he would sign the measure into law.

See what is being said about it at The Washington Post, CNN, and The Washington Blade.

Senate achieves cloture on report including Matthew Shepard Act

The U.S. Senate today achieved cloture on the Department of Defense Authorization Conference Report of which the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is a part by a vote of 64 to 35. The Senate will now proceed with debate on the Conference Report followed by a vote on final passage.

Human Rights Campaign President Joe Solmonese released the following statement:

“While there is strong support for the hate crimes provision, today’s cloture vote in the Senate demonstrates that those in the civil rights community need to remain ever vigilant. While the Senate achieved cloture, it is clear that the opposition remains strong. We look forward to final passage when the critical hate crimes legislation will be on its way to the President’s desk.”

House passes hate crimes provision

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, praised the U.S. House of Representatives today for passing the conference report for the FY 2010 Defense Authorization bill by a vote of 281 to 146, bringing critical hate crimes protections closer to becoming law than ever before. Earlier this week, the House voted down a last-ditch effort to eliminate the hate crimes provision from the bill, through a procedural effort called a motion to instruct conferees. The conference report now proceeds to the Senate for its final vote in Congress. In July, the Senate voted to attach the Matthew Shepard Hate Crimes Prevention Act to the Defense Authorization measure and is expected to approve the conference report as early as next week. President Obama has repeatedly pledged to sign the bill when it reaches his desk. 


More after the jump.

“We are closer than ever before to protecting Americans from hate violence thanks to today’s action by the House,” said HRC President Joe Solmonese. “The day is within sight when lesbian, gay, bisexual and transgender people will benefit from updating our nation’s hate crimes laws and giving local law enforcement the tools they need to combat hate violence.”

The Defense Authorization conference report removed a provision adopted in the Senate which would make the death penalty available for hate crimes. In addition, the hate crimes provision has been renamed “The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act,” honoring the memory of another victim of hate violence – in the same year as Matthew Shepard – an African-American man who was dragged to death in Jasper, Texas.

“We are so grateful for the leadership of our many allies in Congress, and particularly of Senators Leahy, Levin, Collins and Reid and Representatives Conyers, Kirk, Baldwin and the Speaker in ensuring that the hate crimes provision remained part of this authorization bill. Of course, we cannot forget the tireless efforts of Senator Kennedy on this issue and it is fitting that we will award the first ever Edward M. Kennedy National Leadership Award to Judy and Dennis Shepard, Matthew’s parents and long-time champions of this effort, on Saturday,” said Solmonese.

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act gives the Justice Department the power to investigate and prosecute bias-motivated violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability. It provides the Justice Department with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable, by taking the lead in investigations and prosecutions of violent crime resulting in death or serious bodily injury that were motivated by bias. It also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers, or to assist in state and local investigations and prosecutions of bias motivated crimes.




Senate passes Matthew Shepard Act

The Matthew Shepard Act has passed in the Senate and the bill will now make its way to President Obama.

HRC says that, whether your Senator voted Yes or No (Colorado's Sen. Bennet and Sen. Udall both voted Yes), they now need to hear from you.

Click here to find out how the Senators in your state voted and then call them to tell them what you think of their vote.

Unwelcome amendments to the Matthew Shepard Hate Crimes Prevention Act?

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, responded yesterday to votes relating to the hate crimes provisions in the Defense Department authorization bill. The Senate passed four amendments to the Matthew Shepard Hate Crimes Prevention Act: three offered by Senator Sessions (R-AL) and one offered by Senator Kennedy (D-MA). The Matthew Shepard Act was added this past Thursday, July 16, to S. 1390, the Senate version of the Department of Defense Authorization bill.

“Today’s vote brings us closer than ever to seeing the Matthew Shepard Act signed into law,” said Human Rights Campaign President Joe Solmonese. “We urge Congress to eliminate these unwelcomed amendments and send the Matthew Shepard Act to the President’s desk quickly.”

The Senate adopted three amendments by voice vote. One amendment, SA 1615, adds the death penalty to the provisions of the Matthew Shepard Act. HRC strongly opposed this unwelcome amendment and hopes to address it as the Act continues through the legislative process. The Amendment was offered by and supported by Senators who oppose the Matthew Shepard Act in an effort to derail the Act. Fortunately, a side-by-side- amendment offered by Senator Kennedy was also added to the bill. The Kennedy amendment provides for additional restrictions in the use of the death penalty under the Act.

The third amendment requires the Attorney General to promulgate guidelines with “neutral and objective criteria for determining whether a crime was motivated by the status of the victim.”

A final Sessions amendment, SA 1616, was adopted by a vote of 92 to 0. This amendment creates a new federal criminal offense for cases involving assaults or battery of a U.S. service member - or a member of the service member’s immediate family.

Working in coalition with the Leadership Conference on Civil Rights, HRC sent a letter to Senators opposing these amendments. HRC mobilized our members to reach out to Senators in an effort to defeat the amendments. Read more about the Matthew Shepard Act and learn the truth about the legislation at www.FightHateNow.org.

US Senate invokes motion of cloture for Matthew Shepard Act

The U.S. Senate today invoked a motion for cloture to proceed to the Matthew Shepard Hate Crimes Prevention Act (S. 909) Amendment, which would provide local police and sheriff’s departments with federal resources to combat hate violence. The cloture motion to consider the Amendment to the FY 2010 Department of Defense Authorization bill was adopted on a vote of 63 to 28.

Clearing the 60 vote threshold stops any Republican filibuster and allows the Matthew Shepard Act Amendment to proceed to final passage, which is expected on Monday. Cloture is a procedural tool to allow debate, and eventually passage, to occur. It requires 60 votes instead of a simple majority.

More after the jump.


“Once again, we have demonstrated that more than 60 Senators support the Matthew Shepard Act, legislation that will provide police and sheriffs’ departments with the tools and resources they need to ensure that entire communities are not terrorized by hate violence,” said Human Rights Campaign President Joe Solmonese. “Today’s key vote move this legislation one step closer to the President’s desk. With the support of an overwhelming majority of the American people, including more than 300 law enforcement, civil rights, civic and religious organizations, it is past time we take this important step toward combating hate in our country.”

The legislation was introduced on April 28 in the U.S. Senate with bipartisan support by Sen. Edward Kennedy (D-MA), Sen. Patrick Leahy (D-VT), Sen. Olympia Snowe (R-ME), Sen. Susan Collins (R-ME), and Senator Arlen Specter (D-PA), among others. On June 25, the Senate Judiciary Committee held a hearing on the Matthew Shepard Act (S. 909) that included an appearance by Attorney General Eric Holder, the first time an Attorney General has testified in favor of this legislation, and written testimony from Human Rights Campaign President Joe Solmonese.

Before today’s vote, there have been nine previous, successful votes on federal hate crimes legislation in the House and Senate. This past April, a bipartisan companion bill, the Local Law Enforcement Hate Crimes Prevention Act, passed the U.S. House of Representatives by a vote of 249-175.

The Matthew Shepard Act gives the Justice Department the power to investigate and prosecute bias-motivated violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability. It provides the Justice Department with the authority to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable, by taking the lead in investigations and prosecutions of violent crime resulting in death or serious bodily injury that were motivated by bias. It also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers, or to assist in state and local investigations and prosecutions of bias-motivated crimes.

Hate crimes are underreported for a variety of reasons, including that victims often live in communities where coming out to report the crime would itself be unsafe. However, the Federal Bureau of Investigation’s own statistics, based on voluntary reporting, show that since 1991 over 100,000 hate crime offenses have been reported to the FBI, with 7,624 reported in 2007, the FBI’s most recent reporting period. Violent crimes based on sexual orientation constituted 16.6 percent of all hate crimes in 2007, with 1,265 reported for the year. In addition, although anti-transgender hate crimes are not captured in the federal statistics, we know that transgender Americans too often live in fear of violence.

Working in coalition with the Leadership Conference on Civil Rights, the Human Rights Campaign continues to mobilize its members and educate the public. Online users have the opportunity to contact their member of Congress, watch video testimonials on hate crimes and learn the truth about the legislation at www.FightHateNow.org.




Oregon State House votes to support Matthew Shepard Act

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, today praised the Oregon State House of Representatives for unanimously passing last night a resolution 59-0 that requested the United States Congress to pass the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA) and condemned a recent brutal beating of two gay men at a Seaside, Oregon beach.

“We applaud the Oregon State House of Representatives for showing leadership on this issue and moving to condemn this senseless act of violence,” said Human Rights Campaign President Joe Solmonese. “We would also like to thank and congratulate them for taking the official position of urging Congress to pass, and the President to sign, the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act.”

Read more after the jump.


The two men, Samson Deal and Kevin Petterson, were on spring break March 22 at a Seaside, Oregon beach when several men dressed in black approached them from behind and beat them until they fell unconscious. After an initial review of the case, Seaside Police Chief Bob Goss announced that his department would be treating this as a hate crime because the victims indicated that the assailants had yelled anti-gay slurs during the attack.

“Crimes like these have no place in today’s society,” said Cristina Finch, Senior Counsel for the Human Rights Campaign. “The vicious attack on Samson and Kevin underscores the need for the Local Law Enforcement Hate Crimes Prevention Act. Unlike Oregon, most states do not have a hate crimes law that includes sexual orientation and gender identity. Passage of the LLEHCPA will help ensure that all hate crimes are fully investigated and prosecuted. No one should live in fear because of who they are.”

Hate crimes continue to spread fear and violence among entire communities of Americans. In 2007, the FBI documented 7,624 hate crime incidents in the United States — almost 21 victims a day. Oregon reported more than 150 bias-motivated incidents in 2007 alone. Combating this bias-motivated violence presents local law enforcement with an immense task. Prosecution of such crimes often proves complex and requires many resources.

The importance of the LLEHCPA is that it provides resources to state and local governments for the investigation and prosecution of bias-motivated, violent crimes. The bill also ensures a federal backstop to assist local law enforcement in the investigation and prosecution of violent, bias-motivated crime.

For more information on the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act, please visit: www.FightHateNow.org



How did your rep vote on the Matthew Shepard Act?

Wednesday the United States House of Representatives voted 249 to 175 in favor of the Local Law Enforcement Hate Crimes Prevention Act (H. R. 1913), moving one step closer to the passage of the first federal law to include gender identity and transgender people in a positive way. This bill would add sexual orientation, gender identity, gender, and disability to the categories included in existing federal hate crimes law and would allow local governments who are unable or unwilling to address hate crimes to receive assistance from the federal government.

Find out how your representative voted by checking the roll call vote at http://clerk.house.gov/evs/2009/roll223.xml .

Matthew Shepard Act will not gag ministers

During the April 29 edition of Fox News' America's Newsroom, correspondent Molly Henneberg reported that religious groups are concerned that under the proposed Local Law Enforcement Hate Crimes Prevention Act, "they may be prosecuted for their religious beliefs if they believe that homosexuality is a sin, that it could gag ministers who preach that, or even if a church may not want to marry a gay couple. There is concern that they could face lawsuits as well."

However, the assertion that the legislation would allow individuals or groups to "be prosecuted for their religious beliefs" is false: Section 8 of the bill states that "Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the Constitution," and the First Amendment to the Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" (emphasis added).

Indeed, the House Judiciary Committee's report on the legislation states that the purpose of Section 8 of the bill is "to lay to rest concerns raised in the 110th Congress mark-up of the legislation, and repeated since then, that religious speech or expression by clergy could form the basis of a prosecution.

Nothing in this legislation would prohibit the constitutionally protected expression of one's religious beliefs." - via Media Matters

Hate Crimes Prevention Act, known as the Matthew Shepard Act, passes

The Human Rights Campaign hailes today’s bipartisan vote of 249-175 in the U.S. House passing the Local Law Enforcement Hate Crimes Prevention Act, also known in the U.S. Senate as the Matthew Shepard Act.

“All Americans are one step closer to protection from hate violence thanks to today’s vote,” said Human Rights Campaign President Joe Solmonese. “Hate crimes are a scourge on our communities and it’s time we give law enforcement the tools they need to combat this serious problem.”


“No one should face violence simply because of who they are,” said Judy Shepard, executive director of the Matthew Shepard Foundation. “This bill is a critical step to erasing the hate that has devastated far too many families.”

On Tuesday the White House released a statement from President Obama calling for passage in the House and urging the Senate to follow with swift action. Along with the President, more than 300 law enforcement, civil rights and religious organizations support the bill.

“The Senate should heed the President’s leadership and quickly pass the Matthew Shepard Act,” said Solmonese. “After more than ten years and tens of thousands of victims, there should be no delay in passing this bill into law.”

This is the eighth successful vote on a federal hate crimes bill which – following a veto threat from former President Bush – died in the last Congress.

“Fair-minded leaders in Congress have for years stood strong against lies about the bill and we are grateful for their efforts,” continued Solmonese. “The leadership of Speaker Pelosi, Majority Leader Hoyer and Majority Whip Clyburn as well as Reps. Conyers, Kirk, Baldwin, Frank, and Polis made this incredible victory possible.”

Working in coalition with the Leadership Conference on Civil Rights, the Human Rights Campaign mobilized its members to support the bill. The website www.FightHateNow.org gives users opportunities to contact their member of Congress, watch video testimonials on hate crimes and learn the truth about the legislation. The site will continue as a clearinghouse for information leading up to Senate action.

The LLEHCPA gives the Justice Department the power to investigate and prosecute bias-motivated violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability. It provides the Justice Department with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable, by taking the lead in investigations and prosecutions of violent crime resulting in death or serious bodily injury that were motivated by bias. It also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers, or to assist in state and local investigations and prosecutions of bias motivated crimes.



Speaking OUT about the Matthew Shepard Act

Leaders from a number of different organizations and communities communities issued the following statements in support of the Matthew Shepard Act hate crimes bill today:

“A tool such as Local Law Enforcement Hate Crimes Prevention Act could have made it easier to prosecute those who beat Luis Ramirez to death in Pennsylvania; or the man who bludgeoned teenager Angie Zapata to death with a fire extinguisher in Colorado; or the pair who robbed, tortured and left to die, a young man named Matthew Shepard. On this call today, we urge swift passage of this important legislation to prevent these unthinkable acts of hatred and intolerance.” – Wade Henderson, President and CEO of the Leadership Conference on Civil Rights

“State and local authorities investigate and prosecute the overwhelming majority of hate crime cases. But this essential legislation will provide a necessary backstop – by permitting federal authorities to provide assistance in these hate crime investigations and by allowing federal prosecutions when state and local authorities are unable or unwilling to act.” – Michael Lieberman, Washington Counsel for the Anti-Defamation League (ADL)

“People with disabilities, especially those with mental disabilities, are often singled out for bias-motivated violence and harassment, and the Local Law Enforcement Hate Crimes Prevention Act will provide a critical tool to fight back against this despicable behavior and its impact on our community. We urge Congress to pass this legislation that will encourage more people with disabilities to report these crimes to law enforcement, and show that these acts of violence will not be tolerated.” – Andrew Imparato, President and CEO of the American Association of People with Disabilities (AAPD)

Read more after the jump.


“Not only does the Local Law Enforcement Hate Crime Prevention Act of 2009 protect civil rights, it also protects free speech and association. This bill will have the strongest protection against the misuse of a person’s free speech that Congress has enacted in the federal criminal code.” – Caroline Fredrickson, Director of the American Civil Liberties Union (ACLU)

“Seventy-five percent of all Americans regardless of their race, religion or political affiliation support this legislation. They understand that the time to get this legislation to the president’s desk is long overdue. Now is the time for Congress to again pass this bill and for President Obama to sign it into law. Ten years after the bill’s introduction, local jurisdictions continue to need the additional resources necessary to prosecute the hate violence that spreads fear and panic throughout entire communities. State and local agencies must be given the tools they need to investigate and prosecute bias-motivated crimes.” – Joe Solmonese, President of Human Rights Campaign (HRC)

“We need to strengthen existing hate crimes laws because hate crimes are such a unique offense; they are an attack not just on individuals but an attempt to terrorize and demoralize entire communities. Existing policies are inadequate, as too many African Americans are aware. Even though we make up just over 14 percent of the population, we are the subjects of roughly 60 percent of reported hate crimes. The bill we are about to consider will provide local law enforcement units with much-needed additional resources to help address, and hopefully reduce, these heinous crimes.” – Hilary O. Shelton, Director of the NAACP Washington Bureau

“The Latino community is committed to working with all groups to monitor incidents of hate crimes and hate rhetoric, to urge policymakers and the media to cease resorting to bias and bigotry, and to increase tolerance and understanding among all communities.” – Janet Murguía, President and CEO of the National Council on La Raza (NCLR)

“As a Jew, I know all too well the history of my people as victims of ethnic hatred, of discrimination, of violence. As an American, I know that overcoming such hatred, discrimination, and violence is difficult – but entirely possible. And it’s possible if we take steps like those outlined in the vital legislation we come together to support.” – Rabbi David Saperstein, Director of the Religious Action Center of Reform Judaism



HRC launches website to promote federal hate crimes legislation

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, today launched a website to arm voters with tools to help pass overdue federal hate crimes legislation. The site, www.FightHateNow.org includes testimonials, up-to-the minute updates on Congressional action, and specific action voters can take to ensure its passage.

The Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA), also known as the Matthew Shepard Act, would give the Justice Department the power to investigate and prosecute bias-motivated violence by providing the department with jurisdiction over crimes of violence where the victim is chosen because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.

“Each year, thousands of Americans are violently attacked simply because they are lesbian, gay, bisexual or transgender. As Congress moves to consider the Matthew Shepard Act, anti-gay, extremist groups are gearing up to pump out an avalanche of lies about the intent of this legislation,” said Human Rights Campaign President Joe Solmonese. “FightHateNow.org will not only counter those distortions, it will arm supporters to take direct action. After more than a decade of delay, it’s time for Congress to provide local police and sheriffs’ departments with the tools and resources they need to investigate and prosecute these incidents.”

The new website also features photos and videos illustrating the devastating impact hate crimes have on individuals and communities, answers frequently asked questions aboutthe bill, and provides users with the tools to directly contact their members of Congress to urge them to support the legislation.

The new site also links to EndtheLies.org, another HRC site that confronts right-wing lies and distortions repeatedly used to defeat LGBT equality measures.

Such lies have repeatedly been used against the Matthew Shepard Act. A common claim is that if hate crimes laws are passed, pastors will be prosecuted for preaching what the Bible says about homosexuality. In fact, groups such as the High Impact Leadership Coalition have placed paid advertisements in newspapers claiming the legislation would, “bring a chilling effect to the free speech and religious liberty of our churches and of our members.” However, pastors will not be held liable for hate crimes based on preaching anti-gay sermons. The First Amendment protects a preacher from being charged as an accessory to a hate crime simply because of their speech. The Matthew Shepard Act only punishes violent crimes, not a person’s speech, beliefs or thoughts.