Sens. Edward Kennedy (D-Mass.) and Gordon Smith (R-Ore.) this week introduced a gay- and transgender-inclusive hate crimes bill as an amendment to the National Defense Authorization Act. (Photo by Gerald Herbert/AP)
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LOU CHIBBARO J
Friday, July 13, 2007
The U.S. Senate was expected to take a pause in its debate on the Iraq war this week to allow Sens. Edward Kennedy (D-Mass.) and Gordon Smith (R-Ore.) to offer a gay- and transgender-inclusive hate crimes bill as an amendment to the National Defense Authorization Act.
Kennedy and Smith filed the hate crimes amendment on the Senate floor Wednesday, informing Democratic and Republican leaders they would seek a vote on the measure, the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007.
The Shepard bill would give the federal government authority to prosecute hate crimes against gays and transgender persons as well as against persons with disabilities. Existing federal law allows federal authorities to prosecute hate crimes targeting people because of their race, religion or ethnicity.
Kennedy and Smith filed the amendment on the Senate floor shortly before several of their Senate colleagues introduced a series of separate amendments to the defense authorization bill calling for curtailing U.S. military combat in Iraq. The amendments generated a heated debate on the Iraq war, with Senate and news media attention focused on the war rather than domestic hate crimes.
But supporters of the hate crimes bill sought to draw some attention back to that bill on Wednesday by releasing a letter signed by 1,385 religious leaders urging senators to pass the hate crimes measure.
“As leaders of America’s religious communities, we urge Congress to stand united against one of the worst forms of oppression: violence based on personal characteristics and identity,” the letter says.
The religious leaders disputed claims by some of their conservative Christian colleagues that hate crimes legislation restricts religious “speech” and could lead to court rulings making it illegal for preachers to condemn homosexuality from the pulpit.
“We would not support a bill that did not contain ample protections for free speech, including preaching and statements of religious belief,” the letter says. “This law does not criminalize or impede upon religious expression in any way,” it says.
The Human Rights Campaign, the nation’s largest gay rights group, joined the National Black Justice Coalition, which represents African-American gays, and the Leadership Conference on Civil Rights in providing a forum for black clergy who support the hate crimes bill.
In a full-page ad that the three groups placed in Wednesday’s edition of Roll Call newspaper, the clergy members said they represent tens of thousands of Americans.
“As leaders in the black clergy community, we want to voice our strong support for the Matthew Shepard Act,” the ad says. “Our faith tells us that an act of hate upon one member of our community — whether because of race, sexual orientation, gender identity or disability — is an attack on all of us.”
A rival group of black clergy took out a full-page ad in Wednesday’s edition of USA Today urging Congress not to “muzzle our pulpits.”
The ad, sponsored by a group called High Impact Leadership Coalition, states: “Don’t allow misguided compassion to erode America’s most basic freedoms of speech, conscience and the free exercise of religion.”
The bill, named after gay hate crimes victim Matthew Shepard, would also provide federal funds to help local law enforcement agencies investigate and prosecute hate crimes.
A coalition of more than 290 law enforcement, civil rights, civic and religious organizations have endorsed the bill and called on Congress to pass it. Among those backing the legislation are the National Sheriffs’ Association, the International Association of Chiefs of Police and the attorneys general in 26 states.
The House of Representatives passed an identical version of the bill on May 3 by a vote of 237-180.
Wade Henderson, president and CEO of the Leadership Conference on Civil Rights, considered one of the nation’s most prestigious mainline civil rights organizations, said he believes at least 60 senators are ready to vote for the Shepard hate crimes bill. Henderson and others lobbying for the bill have said that, barring parliamentary moves by opponents to block a vote on the bill, they expected the Senate to pass the bill in the form of the Kennedy-Smith amendment to the defense authorization measure during late this week or early next week.
The bill’s chances of clearing the White House are less certain. At the time the House of Representatives passed the bill in May, the White House released a statement saying the president’s advisers had recommended that the president veto the bill on grounds that criminal prosecution of hate crimes should be left to state and local authorities.
Supporters of the bill in the House and Senate, including gay U.S. Rep. Barney Frank (D-Mass.), have said they do not have the votes to achieve a two-thirds majority needed to override a presidential veto.
“Without any further delay, it’s time for Congress to provide local police and sheriffs’ departments with the tools they need to ensure that entire communities are not terrorized by hate violence,” said HRC President Joe Solmonese.
Judy Shepard, mother of Matthew Shepard and executive director of the Matthew Shepard Foundation, said Senate approval of the bill would send a “strong message to America that hate and the violent crimes committed in its wake are not acceptable in our society.”
Lou Chibbaro Jr. can be reached at lchibbaro@washblade.com.
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