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Sen. Orrin Hatch
104 Hart Office Building
Washington, D.C. 20510
Call: 202-224-5251
Fax: 202-224-6331




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Lou Chibbaro Jr.





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NATIONAL

Senators try again for hate crimes bill
Bill identical to measure defeated in 2002

Lou Chibbaro Jr.
Friday, May 09, 2003

Supporters of a federal hate crimes law reintroduced the same measure last week that went down to defeat in a Senate procedural vote in June 2002. However, they failed to reach a compromise with Republican opponents that might have ensured passage in the Senate.

Republican and Democratic supporters of the bill, S. 966, the Local Law Enforcement Enhancement Act of 2003, say at least 60 senators have expressed support for the legislation, and they expect the measure to come up for a vote during this session of Congress.

The bill would authorize the federal government to prosecute hate crimes based on a victim's sexual orientation, gender and disability. It calls for amending an existing law that allows the federal government to prosecute hate crimes based only on a person's race, religion and ethnicity.

Senators Edward Kennedy (D-Mass.), Gordon Smith (R-Ore.) and Arlen Specter (R-Penn.) introduced the latest version of the bill on May 1. Forty-six more senators signed on as co-sponsors.

"No member of society — no one — deserves to be the victim of a violent crime committed because of their race, religion, their sexual orientation, or for any other reason," Kennedy said at a news conference. "Hate crimes are a violation of everything our country stands for."

"We need to add the category of sexual orientation because it is so critical that we say to our lesbian and gay brothers and sisters that we care about you, we include you, we want to defend you," the Associated Press quoted Smith, a Republican, as saying. "And we want to say that there is no family value to be served in opposing hate crime legislation."

The Human Rights Campaign, a national gay political group that has led efforts to lobby for a federal hate crimes bill, said the rising number of anti-gay hate crimes over the last decade reported by the FBI has convinced most lawmakers that a hate crimes bill is needed.

Winnie Stachelberg, HRC's political director, said she is hopeful that differences will be worked out over the details of the bill, enabling the Republican-controlled Senate to approve the legislation this year.

Hatch led opposition

Sen. Orrin Hatch (R-Utah) led the opposition to the bill last year, saying Kennedy refused to consider changes he suggested that would place limits on the federal government's authority to supercede state and local prosecutors in enforcing the bill's provisions. Hatch and other Senate Republicans introduced a flurry of amendments that Kennedy characterized as a thinly disguised filibuster aimed at killing the bill.

Then-Senate Majority Leader Tom Daschle (D-S.D.) introduced a procedural motion to limit debate and allow a vote on the bill itself. The motion, known as a cloture, requires 60 votes to pass.

Daschle's cloture motion lost by a vote of 54 to 43, with all Democrats voting for the motion and all but four Republicans voting against it. Specter and Sen. John Ensign (R-Nev.) voted against the cloture motion even though they were co-sponsors of the bill. The two said they disagreed with Democrats' decision to cut off debate.

The bill's defeat last year came after the Senate passed a similar version of the bill on two prior occasions in the form of amendments to other bills, once in 1999 and a second time 2000. Some political observers viewed last year's defeat as a possible sign that the bill was losing support.

Since last year's vote, Republicans won control of the Senate in the November 2002 elections, resulting in a more conservative leadership, with Daschle replaced as majority leader by Sen. Trent Lott (R-Miss.), who has compared homosexuality to alcoholism and kleptomania.

Stephanie Cutter, a spokesperson for Kennedy, said members of Kennedy's and Hatch's staffs began discussion last year on a possible compromise version of the bill, but the two sides were unable to come to an agreement.

Kennedy and the bill's supporters are "looking into every avenue" for getting the measure to the Senate floor this year, Cutter said. Lott's successor as majority leader, Sen. Bill Frist (R-Tenn.), has yet to respond to a request by the bill's supporters that he allow the measure to come up for a vote.

At the time of Frist's selection, Log Cabin spokesperson Mark Mead expressed optimism that Frist might work more cooperatively on gay rights measures, despite a zero voting record in the 107th Congress on the Human Rights Campaign scorecard. Since his election in 1994, Frist's HRC rating never reached higher than 33 on a scale of zero to 100, and his positive points are almost exclusively for votes on HIV/AIDS legislation.

A spokesperson for Frist did not return a call by press time.

Last year, Rich Tafel, then executive director of the gay GOP group Log Cabin Republicans, accused Democrats of spurning a compromise with Hatch as part of an election year strategy to blame Republicans for the bill's defeat. Tafel said a compromise bill that had Hatch's support would be the only way the bill could possibly clear the Republican-controlled House of Representatives, which has refused to consider the bill.

Partisanship doomed bill

Patrick Guerriero, LCR's current executive director, said he and LCR officials are working behind the scenes with Republicans and Democrats to reach a compromise on the hate crimes measure. Since taking office earlier this year, Guerriero has said he would work hard to foster cooperation between gay Republicans and gay Democrats.

"The lesson of last year's hate crimes [bill] failure was that folks spent more time on partisan politics than on ways to reach a compromise," Guerriero said.

Democrats, including gay party leaders, last year disputed Tafel's claim that Democrats wanted to orchestrate the bill's defeat as a ploy to blame Republicans. They noted that Hatch introduced at least two amendments that would have gutted the bill, raising questions about Hatch's sincerity.

One of his amendments called ...

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