Rep. John Conyers (D-Mich.) introduced the hate crimes bill earlier this month. (Photo by Lauren Victoria Burke/AP)

By CHRIS JOHNSON, Washington Blade
Apr 29 2009, 5:00 PM  |     |     |  

Following heated debate, the U.S. House approved legislation Wednesday that would enable the Justice Department to prosecute hate crimes committed against LGBT people.

The bill, passed 249-175, would allow the Justice Department to assist in the prosecution of hate crimes committed against LGBT people that result in death or serious injury. The federal government could lend its assistance to local authorities or take the lead if local officials are unwilling or unable to prosecute cases.

Should the measure pass the Senate and be signed into law by a supportive President Obama, it also would make grants available to state and local communities to train law enforcement officials, combat hate crimes committed by juveniles and investigate bias-motivated violence.

House Speaker Nancy Pelosi praised her fellow House members Wednesday for approving the legislation and noted the bill backs up protections embodied in the U.S. Constitution.

"Today, with the passage of federal hate crimes legislation, we have affirmed these ideals and the inclusiveness that our nation stands for by extending the protection of its laws to all," she said.

House rules governing debate prevented any amendments from being offered on the floor. Rep. Louie Gohmert (R-Texas) made a motion to recommit the bill to the House Judiciary Committee, but it failed, 141-185.

During debate, proponents of the measure argued that its passage would help protect groups of people that historically have been the targets of violence because of their sexual orientation and gender identity.

Rep. Jared Polis (D-Colo.), the newest openly gay member of Congress, invoked on the House floor the memory of Angie Zapata, a Colorado transgender woman who was murdered last summer and whose killer was convicted last week of committing a hate crime against her.

"What makes this so odious is that they are not just crimes committed against an individual — they are committed against entire communities," he said.

Rep. Tammy Baldwin (D-Wisc.), the only out lesbian in Congress, said the legislation's passage would strengthen responses to the "domestic terrorism" that some groups have suffered.

"The House has an opportunity to reintroduce the principle of equal rights and equal protections in the Constitution," she said.

But opponents of the measure argued that the legislation unfairly creates special classes of people under the law and would enable U.S. officials to prosecute religious leaders if they preach against homosexuality.

Supporters of the measure countered that the bill explicitly contains language to ensure the bill doesn't infringe on any constitutional rights.

In her arguments against the measure, Rep. Virginia Foxx (R-N.C.) dismissed the relevance of the death of the Matthew Shepard, a gay college student who was killed in 1998 near Laramie, Wyo., because of his sexual orientation.

"We know that that young man was killed in the commitment of a robbery," she said. "It wasn't because he was gay. This — the bill was named for him, hate crimes bill was named for him, but it's really a hoax that that continues to be used as an excuse for passing these bills."

Brad Luna, a Human Rights Campaign spokesperson, later condemned Foxx for the remark.

"Vile lies, like the one spread by Rep. Foxx today on the floor of the U.S. House of Representatives about Matthew's brutal hate-fueled murder, continues to underscore how extreme anti-LGBT opponents have become," he said. "It is no longer acceptable in this day and age to just come right out and say you don't like gay people. Instead, extremist opponents of equality must resort to these types of malicious and twisted lies. Rep. Foxx should be ashamed of herself."

But opponents of the measure were unrelenting. Rep. Jason Chafferz (R-Utah) urged rejection of the bill because he said it's unconstitutional. He also railed against how the bill "gives special protections … to certain persons based on their lifestyle choices" and not members of the U.S. armed services.

"It is unbelievable to me that … those who have chosen different personal lifestyles deserve more protection than those who have chosen to serve their country," he said. Rep. Eliot Engel (D-N.Y.) countered that the hate crimes bill was a "carefully crafted measure" and criticized arguments that gays choose their lifestyle and don't deserve protections under the law.

"Our gay and lesbian [friends] don't choose their lifestyle, they are who they are, and they should be protected like everyone else," he said.

In his arguments against the bill, Rep. Mike Pence (R-Ind.) said the bill should be rejected because the federal government has no evidence that hate crimes are committed against people because of their gender identity. He noted that the Hate Crimes Statistics Act allows the Justice Department to collect data on hate crimes committed against people because of sexual orientation, but doesn't mention gender identity.

But U.S. Rep. Barney Frank (D-Mass.), the longest-serving openly gay member of Congress, responded by saying Pence's comments smack of a line once given by comedian Chico Marx: "Who are you going to believe? Me or your own eyes?" The debate culminated with a late afternoon vote that won fast praise from many organizations, including the Democratic National Committee.

"I congratulate the House of Representatives," said DNC chair Tim Kaine, "and I urge the Senate to take swift action on this important civil rights issue so that the president may sign the bill into law."

Log Cabin Republicans also lauded the House bill's free speech protections.

"This legislation specifically protects First Amendment rights and preserves and protects the rights of all Americans to express their own individual opinions, be it in the public square, in their private homes or their pulpits," said Charles Moran, a Log Cabin spokesperson. "This is not hate-speech legislation — it is hate-crime legislation."

In a related development, the Senate took the first step Tuesday toward passing hate crimes legislation when Sen. Ted Kennedy (D-Mass.) introduced the Senate version of the bill.

Kennedy said in a statement the legislation was "long overdue" and "hate crimes are especially poisonous."

"They are acts of domestic terrorism that target whole communities, not just individuals," he said. "This bill will bring greater protection to our citizens and much-needed resources for state and local law enforcement to fight these vicious crimes."

Other sponsors of the Senate bill include Sens. Susan Collins (R-Maine), Patrick Leahy (D-Vt.), Olympia Snowe (R-Maine) and Arlen Specter (D-Pa.). A Senate Judiciary Committee spokesperson said she didn't immediately know when the committee would take up the legislation.

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