Hate Crimes Bill Not For Us

    • 1083 posts
    July 21, 2003 10:55 PM BST
    Ladies: As I get older and crabbier, I really start looking at what is coming down the pike. Phyliss sent me this--and it kinda made me b*tchier than usual. So…read the whole mess (I edited out e-mail addresses and a section on Hate crimes in Massachusetts) and let’s have some comments.
    MJ
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    JAYNE ,THIS IS THE LATEST POOP ON THE HATE CRIMES BILL DUE TO COME UP IN THE SENATE AFTER RECESS... OF COURSE AS USUAL THEY WANT TO EXCLUDE THE WORDING FOR GENDER.....PHYLISS-MARIE
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    This is a bit long, but pretty much spells it out about the LLEEA (Hate Crimes) bill ... may even explain the difficulties in us getting visits
    with the pertinent parties. The push for support on the bill from the various congressmen and organizations are explicit and persistent. The language below is explicit in what it covers. And also, what it doesn't cover. Nothing about gender identity, gender expression, transgender, trans-anything. Nothing about Brandon Teena, F. C. Martinez, Amanda Milan, Christian Paige, Chanelle Pickett, Gwen Araujo...none of them. The House will not change the senate language, however it passes.

    We know all the promises. We know what the congressional game plan is. We've got until Sept, maybe early October if we want to do something with the senate. Time to start moving on this.
    Vanessa
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    Hey Ness,

    Karen and I each spoke with Robin Toone yesterday.
    Tried to get an appointment with Kennedy next month while he is on break. He actually looked at his schedule and called back. Said it was impossible for us to get to see him in August. Kennedy will be on vacation...(which is what I figured in the first place.) Robin also said that adding gender identity and expression is NOT gonna happen. He said they are fighting with the Republicans right now about keeping 'gender' included in the bill as it is. He also added that if a case involving a trans issue was challenged then Kennedy would fight for it. BIG f*ckin deal. By then it will be too late and not up to Kennedy to decide. I am f*ckin pissed!!
    ~Ethan
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    REMARKS OF SENATOR EDWARD M. KENNEDY ON THE NEED TO RAISE PUBLIC
    AWARENESS OF HATE CRIMES (June 17, 2003)
    CONTACT: Stephanie Cutter (202) 224-2633

    It's an honor to be here today with my colleagues, Senator Smith,
    Senator Hatch, Senator Clinton, and Senator Boxer, and I welcome this bipartisan effort to deal with the serious problem of hate crimes.
    Hate crimes are a violation of everything our country stands for. Like
    Other acts of terrorism, they have an impact far greater than that suffered by the individual victims and their families. They send the poisonous message that some Americans deserve to be attacked solely because of who they are. As Attorney General Ashcroft has said, "Criminal acts of hate run counter to what is best in America - our belief in equality and freedom."

    The number of hate crimes continues to grow. According to the F.B.I.,
    Over 209,700 hate crimes were reported in the United States in 2001. That's 26 hate crimes each day, every day. After the terrorist attacks of 9/11, a shameful increase in hate crimes took place against Arabs and Muslims. In Los Angeles and Chicago, officials reported fifteen times the number of anti-Arab and anti-Muslim crimes in 2001 compared to the preceding year.

    Hate crimes continue to be a serious danger to the gay and lesbian
    Community as well. Nearly five years have passed since the vicious murder of Matthew Shepard in Wyoming. In her tireless efforts on behalf of the Matthew Shepard Foundation to promote tolerance and understanding instead of hate and violence, Judy Shepard, Matthew's mother, is truly a profile in courage. I also commend Trev Broudy - a survivor of a brutal hate crime in West Hollywood, California - for his extraordinary courage and perseverance.

    In April 2001, Attorney General Ashcroft announced the indictment of a
    man for murdering two hikers on the Appalachian Trail - Julianne Williams and Lollie Winans - because of their gender and sexual orientation. The Justice Department was involved in the case because the crime took place on federal land in Shenandoah National Park. If it had happened somewhere else in Virginia, federal officials could not have assisted the Virginia authorities in the case.

    We also know the tragic consequences of hate crimes based on disability. In 1999, New Jersey was shocked by the prolonged torture of a mentally disabled man by seven young adults. In April of this year, a group of teenagers killed Ricky Whistnant, a 39-year-old mentally retarded man in New Britain, Connecticut. Three years earlier, he had received a state award for his success in winning his own legal guardianship and moving into his own apartment. No member of society - no one - deserves to be the victim of a violent crime because of their race, religion, ethnic background, gender, disability, or sexual orientation. Congress cannot sit silent while hatred spreads. It
    is long past time to do more to end hate-motivated violence.

    The current federal law on hate crimes was enacted soon after the
    assassination of Martin Luther King. Today, however, it is a generation
    out of date. It does not apply at all to hate crimes based on sexual orientation, gender, or disability. And even in cases of hate crimes based on race, religion, or ethnic background, it contains excessive restrictions requiring proof that the victims were attacked because they were engaged in "federally protected activities," such as jury service or interstate travel.

    I welcome the participation of our Republican colleagues. I know that
    they care deeply about the problem of hate crimes, and want to do something about it. We know the urgent need to deal more effectively with this serious issue. Now is the time for Congress to speak with one voice and do all we can to eliminate these brutal crimes.
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    > THE LOCAL LAW ENFORCEMENT ENHANCEMENT ACT OF 2003 Bill Summary

    Overview The Local Law Enforcement Enhancement Act (LLEEA) is a bill to
    strengthen the ability of the federal, state, and local governments to
    investigate and prosecute hate crimes based on race, ethnic background, religion, gender, sexual orientation, and disability. It will strengthen state and local efforts by enabling the Justice Department to assist them in the investigation and prosecution of hate crimes, and by providing grants to help state and local governments meet the extraordinary expenses involved in hate crime cases. At the federal level, the LLEEA will eliminate the outdated intent requirement
    in current law that prevents the Justice Department from working with state and local officials in the investigation and prosecution of hate crimes. It will allow the federal government to step in when needed, but only after the Department has certified that a federal prosecution is necessary.

    Intergovernmental assistance program The LLEEA will provide technical,
    forensic, prosecutorial and other assistance to state and local law
    enforcement officials for hate crime investigations and prosecutions.

    Federal assistance and training grants The LLEEA will authorize Justice Department grants up to $100,000 to state, local, and Indian law
    Enforcement officials who have incurred extraordinary expenses associated with investigating and prosecuting hate crimes. It will also authorize the Office of Justice Programs to award grants to state and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes.

    Prohibition of certain hate crime acts The LLEEA will give the Justice
    Department jurisdiction over crimes of violence committed because of a
    person's actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability. Existing law only covers race, color, religion, or national origin-based hate crimes, where the victim was engaging in one of six "federally protected activities."

    Interstate commerce requirement For crimes based on gender, sexual
    orientation, or disability, the Justice Department must show a connection to interstate commerce (i.e., that the defendant or victim crossed state lines or the defendant used a firearm that traveled through interstate commerce).

    Certification requirement Prior to indicting someone under this Act,
    The Justice Department must certify that the state in which the hate crime occurred does not have jurisdiction, has asked the federal government to assume jurisdiction, or has failed to vindicate the federal interest against hate-motivated violence. In other words, rather than take over cases that would normally be pursued at the state or local level, the LLEEA will provide a federal backstop for state and local law enforcement - to deal with hate crimes that might otherwise not be aggressively investigated and prosecuted, or for which states
    request assistance.
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    Hatch to Push Hate Crimes Bill (Salt Lake City Tribune, June 18, 2003)
    By Debbie Hiott, Cox News Service

    WASHINGTON -- Republican Sen. Orrin Hatch said he will push for
    quick passage of a bill that would extend the federal hate crimes status, and its penalties, to crimes motivated by bias against gender, sexual orientation or disability. Currently, the hate crimes law takes into account religion, race, color and national origin. The bill to expand the status was stalled by Republicans a year ago, and Hatch said he would try to get it to the Senate floor by September.

    The measure would also allow the federal government to assist
    local law enforcement agencies in their prosecution of hate crimes, and provide grants for training. As Senate Judiciary Committee Chairman, Hatch's support of the bill is crucial. And he said Tuesday he could support the bill with tweaking, including taking out references to gender, which he considers too broad a category.

    Hatch said sexual orientation should remain a part of the bill.

    "People have got to grow up and realize that that's an important issue to many, many people in our society, and nobody should be discriminated
    against," Hatch said.

    Hatch said he would push for a September floor debate at a news conference and rally that included Democratic Senators Edward Kennedy,
    Hillary Clinton and Republican Senators Arlen Specter and Gordon Smith. They were joined by Trev Broudy, a West Hollywood man who was attacked six months ago as he hugged another man good night, and Judy Shepard, mother of Matthew Shepard, a gay man who died in 1998 after being tied to a fence and beaten in Wyoming.

    Flanked by the Human Rights Campaign, the National Gay and Lesbian Task
    Force and rally participants holding signs invoking Shepard, dragging
    death victim James Byrd of Texas and others, the senators vowed to get the bill back on track, even with opponents in their own party.

    "I ask all Republicans: What possible family value could be served by opposing hate crimes legislation?" said Smith, the Republican senator
    from Oregon.

    But Hatch and other Republicans have expressed concerns that
    the federal bill could undermine state prosecutions, especially in those states where the prosecution of a hate crime could include the death penalty. The Senate bill shouldn't infringe on local and state controls, Hatch said.

    The bill calls for federal help in prosecuting hate crimes, but only when requested by the law enforcement agency with jurisdiction or in cases where the Justice Department certifies that the law enforcement agency responsible isn't pursuing the crime aggressively enough.

    Kennedy said he's confident the Democrats and Republicans supporting the bill will work out their differences to get it to the Senate floor "I know Republicans and Democrats alike care deeply about the
    problem of hate crimes, and want to do something about it," he said

    Judy Shepard said she's not interested in the politics of the issue -- only in getting an expanded hate crimes bill passed. "We can never undo the past but we can help to make sure what happened to Matthew never happens again," she said.
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    Ah, doesn’t it make you all warm and fuzzy inside to know that once again, we are going to be shafted? Gays and Lesbians will ultimately get the protection they deserve…while we get screwed out of the picture--again. Unless...unless we decide to do something about it this time. Otherwise, US Trannies are going to lose out of protection that we should have as well. So, ladies...start looking at your incumbents now...are they truly voting for your interests? I know mine isn't!
    • 539 posts
    July 22, 2003 12:29 AM BST
    The trouble with hate crimes bills is that they always seem to enumerate certain "protected classes" which always leave somebody out. Even if we were in, some other deserving group of people would be left out. It would be nice if there could be a way to put generic wording into such legislation that would cover crimes based on prejudice or hate of any kind. Everyone deserves to be covered.

    Heather H.
    • 1083 posts
    July 22, 2003 2:42 PM BST
    **giggles**

    The problem with generic wording is that either everyone is covered, or nobody is covered.

    Something to consider, however: as a people group (and we qualify as such under most classic and modern social science codings) we have little or no protection or recourse currently. While I am a firm believer that we have certain constitutional rights, it would be nice to have certain protections as well...such as being able to express our true genders and still have a job at the end of the day.

    Luv 'n hugs,

    Jayne Sakura
    "Almost-Angel, T-Girl Genius, and Ultra-Flirt"