Matthew Shepard Act
Encyclopedia
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, also known as the Matthew Shepard Act, is an American Act of Congress
, passed on October 22, 2009, and signed into law by President
Barack Obama
on October 28, 2009, as a rider to the National Defense Authorization Act for 2010 (H.R. 2647). Conceived as a response to the murders of Matthew Shepard
and James Byrd, Jr., the measure expands the 1969 United States federal hate-crime law
to include crimes motivated by a victim's actual or perceived gender
, sexual orientation
, gender identity
, or disability
.
The bill also:
The Act is the first federal law to extend legal protections to transgender
persons.
and James Byrd, Jr.
Matthew Shepard
was a student who was torture
d and murdered in 1998 near Laramie, Wyoming
because he was perceived to be homosexual. James Byrd, Jr.
was an African-American man who was tied to a truck by two known white supremacists
, dragged from it, and decapitated
in Jasper, Texas
in 1998.
Matthew Shepard's killers were given life sentences in Wyoming—in large part because his parents sought mercy for his killers. Two of James Byrd's murderers were sentenced to death, while the third was sentenced to life in prison. These convictions were obtained without the assistance of hate crimes laws, since none was applicable at the time.
The murders and subsequent trials brought national and international attention to the desire to amend U.S.
hate crime legislation at both the state and federal levels. Wyoming hate crime laws at the time did not recognize homosexuals as a suspect class, whereas Texas had no hate crimes law at all.
Supporters of an expansion of hate crime laws argued that hate crimes are worse than regular crimes without a prejudiced motivation from a psychological perspective. The time it takes to mentally recover from a hate crime is almost twice as long than it is for a regular crime and gay people often feel as if they are being punished for their sexuality which leads to higher incidence of depression, anxiety, and Post Traumatic Stress Disorder They also cited the response to Shepard's murder by many homosexuals, especially youth, who reported going 'back into the closet', fearing for their safety, experiencing a strong sense of self-loathing, and upset that the same thing could happen to them because of their sexual orientation
, religion
, or national origin, and only while the victim is engaging in a federally-protected activity, like voting or going to school. Penalties, under both the existing law and the LLEHCPA (Local Law Enforcement Hate Crimes Prevention Act, originally called the "Local Law Enforcement Enhancement Act"), for hate crime
s involving firearms are prison terms of up to 10 years, while crimes involving kidnapping
, sexual assault
, or murder
can bring life in prison. In 1990, Congress passed the Hate Crimes Statistics Act which allowed the government to count the incidence of hate crimes based on religion, race, national origin, and sexual orientation. However, a sentence was added on to the end of bill stating that federal funds should not be used to “promote or encourage homosexuality.”
According to FBI statistics, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% sexual orientation bias, 14% ethnicity bias, and 1% disability bias.
Though not necessarily on the same scale as Matthew Shepard’s murder, violent incidences against gays and lesbians occur frequently. Gay and lesbian people are often verbally abused, assaulted both physically and sexually, and threatened not just by peers and strangers, but also by family members. One study of 192 gay men aged 14-21 found that approximately 1/3 reported being verbally assaulted by at least one family member when they came out and another 10% reported being physically assaulted. Gay and lesbian youth are particularly prone to victimization. A nationwide study of over 9000 gay high school students, 24% of gay men reported being victimized at least 10 times per year because of their sexual orientation; 11% of homosexual women reported the same thing. Victims often experience severe depression, a sense of helplessness, low self-esteem, and frequent suicidal thoughts. Gay youth are two to four times more likely to be threatened with a deadly weapon at school and miss more days of school than their heterosexual peers. Further, they are two to seven times more likely to attempt suicide. These issues, the societal stigma around homosexuality and fear of bias-motivated attack, lead to gay men and women, especially teenagers, becoming more likely to abuse drugs such as marijuana and cocaine and alcohol, have unprotected sex with multiple sexual partners, find themselves in unwanted sexual situations, have body image and eating disorders, and be at higher risk for STDs and HIV/AIDS.
The Act was supported by thirty-one state Attorneys General
and over 210 national law enforcement, professional, education, civil rights, religious, and civic organizations, including the AFL-CIO
, the American Medical Association
, the American Psychological Association
, and the NAACP. A November 2001 poll indicated that 73% of Americans were in favor of hate-crime legislation covering sexual orientation.
The LLEHCPA was introduced in substantially similar form in each Congress since the 105th Congress
in 1999. The 2007 bill expanded on the earlier versions by including transgender
provisions and making it explicit that the law should not be interpreted to restrict people's freedom of speech or association.
, founder of the socially conservative lobbying group Focus on the Family
, opposed the Act, arguing that it would effectively "muzzle people of faith who dare to express their moral and biblical concerns about homosexuality." However, HR 1592 contains a "Rule of Construction" which specifically provides that "Nothing in this Act...shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution
."
Senator Jeff Sessions
, among other Senators, was concerned that the bill would not protect all individuals equally. Senator Jim DeMint
of South Carolina
spoke against the bill, saying that it was unnecessary, that it violated the 14th Amendment
, and that it would be a step closer to the prosecution of "thought crimes". He also claimed that it wouldn't help white people
if they were victims of a hate crime. Four members of the U.S. Commission on Civil Rights wrote a letter stating their opposition to the bill, citing concerns of double jeopardy
.
's House of Representatives
on April 3, 2001, by Rep. John Conyers
and was referred to the Subcommittee on Crime
. The bill died when it failed to advance in the committee.
It was reintroduced by Rep. Conyers in the 108th
and 109th
congresses (on April 22, 2004 and May 26, 2005, respectively). As previously, it died both times when it failed to advance in committee.
Similar legislation was introduced by Sen. Gordon H. Smith (R-OR) as an amendment to the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 on June 14, 2004. Though the amendment passed the U.S. Senate by a vote of 65-33, the amendment was later removed by conference committee.
to the list of suspect classes for prosecution of hate crimes. The bill was again referred to the Subcommittee on Crime, Terrorism and Homeland Security.
The bill passed the subcommittee by voice vote
and the full House Judiciary Committee by a vote of 20–14. The bill then proceeded to the full House, where it was passed on May 3, 2007, with a vote of 237–180 with Representative Barney Frank
, one of two openly gay members of the House at the time, presiding.
The bill then proceeded to the U.S. Senate
, where it was introduced by Senator Ted Kennedy
and Senator Gordon Smith on April 12, 2007. It was referred to the Senate Judiciary Committee. The bill died when it failed to advance in the Senate committee.
On July 11, 2007, Kennedy attempted to introduce the bill again as an amendment to the Senate Defense Reauthorization bill . The Senate hate crime amendment had 44 cosponsors, including four Republicans. After Republicans staged a filibuster on a troop-withdrawal amendment to the defense bill, Senate Majority Leader Harry Reid
delayed the votes on the hate crime amendment and the defense bill until September.
The bill passed the Senate on September 27, 2007, as an amendment to the Defense Reauthorization bill. The cloture vote was 60–39 in favor. The amendment was then approved by voice vote
. President Bush indicated he might veto the DoD authorization bill if it reached his desk with the hate crimes legislation attached. Ultimately, the amendment was dropped by the Democratic
leadership because of opposition from antiwar Democrats, conservative groups, and Bush.
In late 2008, then-President-elect Barack Obama
's website stated that one of the goals of his new administration would be to see the bill passed.
, the National Sheriffs Association and 31 state Attorneys General support the bill and that the impact hate violence has on communities justifies federal involvement.
The bill was immediately referred to the full Judiciary Committee
, where it passed by a vote of 15–12 on April 23, 2009.
On April 28, 2009, Rep. Mike Honda
(D-CA
) claimed that if the bill were passed it may help prevent the murders of transgendered Americans, such as the murder of Angie Zapata
. Conversely, Rep. Steve King
(R-IA
) claimed that the bill was an expansion of a category of "thought crimes" and compared the bill to the book Nineteen Eighty-Four
. That same day, the House Rules Committee
allowed one hour and 20 minutes for debate.
The bill then moved to the full House, for debate. During the debate, Rep. Jan Schakowsky
(D-IL
) claimed that the bill would help prevent murders such as those of spree killer Benjamin Nathaniel Smith
and would take "an important step" towards a more just society. After the vote, Rep. Trent Franks
(R-AZ
) claimed that equal protection regardless of status is a fundamental premise of the nation and thus the bill is unnecessary, and that, rather, it would prevent religious organizations from expressing their beliefs openly (although the bill only refers to violent actions, not speech.)
The bill passed the House on April 29, 2009, by a vote of 249–175, with support from 231 Democrats and 18 Republicans, including Republican Main Street Partnership
members Judy Biggert
(IL), Mary Bono Mack (CA), Joseph Cao
(LA
), Mike Castle (DE), Charlie Dent
(PA
), Lincoln Diaz-Balart
(FL
), Mario Diaz-Balart
(FL), Rodney Frelinghuysen
(NJ
), Jim Gerlach
(PA), Mark Kirk
(IL), Leonard Lance
(NJ), Frank LoBiondo
(NJ), Todd Russell Platts
(PA), Dave Reichert
(WA), and Greg Walden
(OR
) along with Bill Cassidy
(LA), Mike Coffman
(CO
), and Ileana Ros-Lehtinen
(FL).
On April 30, 2009, Rep. Todd Tiahrt
(R-KS
) compared the bill to the novel Animal Farm
and claimed it would harm free speech. Rep. George Miller (D-CA) and Rep. Dutch Ruppersberger
(D-MD
) both announced that they were unable to be present for the vote, but had they been present they would each have voted in favor. Conversely, Rep. Michael Burgess
(R-TX
) claimed federal law was already sufficient to prevent hate crimes and said that had he been present he would have voted against the bill.
On October 8, 2009, the House passed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act as part of the conference report on Defense Authorization for fiscal year 2010. The vote was 281-146, with support from 237 Democrats and 44 Republicans.
On June 25, 2009, the Senate Judiciary Committee held a hearing on the bill. Attorney General
Eric Holder
testified in support of the bill, the first time a sitting Attorney General has ever testified in favor of the bill. During his testimony, Holder mentioned his previous testimony on a nearly identical bill to the senate in July 1998 (the Hate Crimes Prevention Act of 1998, S.1529), just months before Matthew Shepard was murdered. According to CNN
, Holder testified that, "more than 77,000 hate crime incidents were reported by the FBI between 1998 and 2007, or 'nearly one hate crime for every hour of every day over the span of a decade.'" Holder emphasized that one of his "highest personal priorities ... is to do everything I can to ensure this critical legislation finally becomes law."
Reverend Mark Achtemeier of the University of Dubuque
Theological Seminary, Janet Langhart
, whose play was premiering at the United States Holocaust Museum at the time of the shooting
earlier in the month and Michael Lieberman of the Anti-Defamation League
also testified in favor of the bill. Gail Heriot of the United States Commission on Civil Rights
and Brian Walsh of the Heritage Foundation
testified in opposition to the bill.
The Matthew Shepard Act was adopted as an amendment to (the National Defense Authorization Act for Fiscal Year 2010) by a 63-28 cloture vote on July 15, 2009. At the request of Senator Jeff Sessions
(an opponent of the Matthew Shepard Act), an amendment was added to the Senate version of the hate crimes legislation that would have allowed prosecutors to seek the death penalty for hate crime murders, though the amendment was later removed in conference with the House.
The bill won the support of five Republicans: Susan Collins
(ME
), Dick Lugar
(IN
), Lisa Murkowski
(AK
), Olympia Snowe
(ME
), and George Voinovich
(OH
).
. On October 7, 2009, the Conference committee published the final version of the bill, which included the hate crimes amendment; the conference report was then passed by the House on October 8, 2009. On October 22, 2009, following a 64-35 cloture
vote, the conference report was passed by the Senate by a vote of 68-29. The bill was signed into law on the afternoon of October 28, 2009 by President
Barack Obama
.
pled guilty under the Act to running a car containing five Hispanic men off the road. As a result, he became the first person ever convicted under the Act. A second man involved in the same incident was later convicted under the Act but has asked for a new trial.
In August 2011, one man plead guilty to branding a swastika
into the arm of a developmentally disabled man of Navajo
descent. A second man entered a guilty plea to conspiracy to commit a federal hate crime. The two men were accused of branding the victim, shaving a swastika into his head, and writing the words "white power" and the acronym "KKK" on his body. A third man in June 2011, entered a guilty plea to conspiracy to commit a federal hate crime. All three men were charged under the Act in December of 2010.
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
, passed on October 22, 2009, and signed into law by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
on October 28, 2009, as a rider to the National Defense Authorization Act for 2010 (H.R. 2647). Conceived as a response to the murders of Matthew Shepard
Matthew Shepard
Matthew Wayne Shepard was a student at the University of Wyoming who was tortured and murdered near Laramie, Wyoming, in October 1998...
and James Byrd, Jr., the measure expands the 1969 United States federal hate-crime law
Hate crimes in the United States
Hate crime laws in the United States protect against hate crimes motivated by enmity or animus against a protected class...
to include crimes motivated by a victim's actual or perceived gender
Gender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
, sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
, or disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
.
The bill also:
- removes the prerequisite that the victim be engaging in a federally-protected activity, like voting or going to school;
- gives federal authorities greater ability to engage in hate crimes investigations that local authorities choose not to pursue;
- provides $5 million per year in funding for fiscal years 2010 through 2012 to help state and local agencies pay for investigating and prosecuting hate crimes;
- requires the Federal Bureau of InvestigationFederal Bureau of InvestigationThe Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
(FBI) to track statistics on hate crimes based on gender and gender identity (statistics for the other groups were already tracked).
The Act is the first federal law to extend legal protections to transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
persons.
Origin
The Act is named after two victims of bias-motivated crimes in the United States, Matthew ShepardMatthew Shepard
Matthew Wayne Shepard was a student at the University of Wyoming who was tortured and murdered near Laramie, Wyoming, in October 1998...
and James Byrd, Jr.
James Byrd, Jr.
James Byrd, Jr. was an African-American who was murdered by three white men, asserted to be white supremacists, during a racially motivated crime in Jasper, Texas, on June 7, 1998. Shawn Berry, Lawrence Brewer, and John King dragged Byrd behind a pick-up truck along an asphalt road after they...
Matthew Shepard
Matthew Shepard
Matthew Wayne Shepard was a student at the University of Wyoming who was tortured and murdered near Laramie, Wyoming, in October 1998...
was a student who was torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
d and murdered in 1998 near Laramie, Wyoming
Laramie, Wyoming
Laramie is a city in and the county seat of Albany County, Wyoming, United States. The population was 30,816 at the . Located on the Laramie River in southeastern Wyoming, the city is west of Cheyenne, at the junction of Interstate 80 and U.S. Route 287....
because he was perceived to be homosexual. James Byrd, Jr.
James Byrd, Jr.
James Byrd, Jr. was an African-American who was murdered by three white men, asserted to be white supremacists, during a racially motivated crime in Jasper, Texas, on June 7, 1998. Shawn Berry, Lawrence Brewer, and John King dragged Byrd behind a pick-up truck along an asphalt road after they...
was an African-American man who was tied to a truck by two known white supremacists
White supremacy
White supremacy is the belief, and promotion of the belief, that white people are superior to people of other racial backgrounds. The term is sometimes used specifically to describe a political ideology that advocates the social and political dominance by whites.White supremacy, as with racial...
, dragged from it, and decapitated
Decapitation
Decapitation is the separation of the head from the body. Beheading typically refers to the act of intentional decapitation, e.g., as a means of murder or execution; it may be accomplished, for example, with an axe, sword, knife, wire, or by other more sophisticated means such as a guillotine...
in Jasper, Texas
Jasper, Texas
Jasper is the county seat of Jasper County, Texas, in the United States. The population was 8,247 at the 2000 census. Jasper is situated in the Deep East Texas subregion, about northeast of Houston. The city is best known for the 1998 murder of James Byrd, Jr., an event which gained national...
in 1998.
Matthew Shepard's killers were given life sentences in Wyoming—in large part because his parents sought mercy for his killers. Two of James Byrd's murderers were sentenced to death, while the third was sentenced to life in prison. These convictions were obtained without the assistance of hate crimes laws, since none was applicable at the time.
The murders and subsequent trials brought national and international attention to the desire to amend U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
hate crime legislation at both the state and federal levels. Wyoming hate crime laws at the time did not recognize homosexuals as a suspect class, whereas Texas had no hate crimes law at all.
Supporters of an expansion of hate crime laws argued that hate crimes are worse than regular crimes without a prejudiced motivation from a psychological perspective. The time it takes to mentally recover from a hate crime is almost twice as long than it is for a regular crime and gay people often feel as if they are being punished for their sexuality which leads to higher incidence of depression, anxiety, and Post Traumatic Stress Disorder They also cited the response to Shepard's murder by many homosexuals, especially youth, who reported going 'back into the closet', fearing for their safety, experiencing a strong sense of self-loathing, and upset that the same thing could happen to them because of their sexual orientation
Background
The 1969 federal hate-crime law extends to crimes motivated by actual or perceived race, colorHuman skin color
Human skin color is primarily due to the presence of melanin in the skin. Skin color ranges from almost black to white with a pinkish tinge due to blood vessels underneath. Variation in natural skin color is mainly due to genetics, although the evolutionary causes are not completely certain...
, religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
, or national origin, and only while the victim is engaging in a federally-protected activity, like voting or going to school. Penalties, under both the existing law and the LLEHCPA (Local Law Enforcement Hate Crimes Prevention Act, originally called the "Local Law Enforcement Enhancement Act"), for hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...
s involving firearms are prison terms of up to 10 years, while crimes involving kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
, sexual assault
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
, or murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
can bring life in prison. In 1990, Congress passed the Hate Crimes Statistics Act which allowed the government to count the incidence of hate crimes based on religion, race, national origin, and sexual orientation. However, a sentence was added on to the end of bill stating that federal funds should not be used to “promote or encourage homosexuality.”
According to FBI statistics, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% sexual orientation bias, 14% ethnicity bias, and 1% disability bias.
Though not necessarily on the same scale as Matthew Shepard’s murder, violent incidences against gays and lesbians occur frequently. Gay and lesbian people are often verbally abused, assaulted both physically and sexually, and threatened not just by peers and strangers, but also by family members. One study of 192 gay men aged 14-21 found that approximately 1/3 reported being verbally assaulted by at least one family member when they came out and another 10% reported being physically assaulted. Gay and lesbian youth are particularly prone to victimization. A nationwide study of over 9000 gay high school students, 24% of gay men reported being victimized at least 10 times per year because of their sexual orientation; 11% of homosexual women reported the same thing. Victims often experience severe depression, a sense of helplessness, low self-esteem, and frequent suicidal thoughts. Gay youth are two to four times more likely to be threatened with a deadly weapon at school and miss more days of school than their heterosexual peers. Further, they are two to seven times more likely to attempt suicide. These issues, the societal stigma around homosexuality and fear of bias-motivated attack, lead to gay men and women, especially teenagers, becoming more likely to abuse drugs such as marijuana and cocaine and alcohol, have unprotected sex with multiple sexual partners, find themselves in unwanted sexual situations, have body image and eating disorders, and be at higher risk for STDs and HIV/AIDS.
The Act was supported by thirty-one state Attorneys General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
and over 210 national law enforcement, professional, education, civil rights, religious, and civic organizations, including the AFL-CIO
AFL-CIO
The American Federation of Labor and Congress of Industrial Organizations, commonly AFL–CIO, is a national trade union center, the largest federation of unions in the United States, made up of 56 national and international unions, together representing more than 11 million workers...
, the American Medical Association
American Medical Association
The American Medical Association , founded in 1847 and incorporated in 1897, is the largest association of medical doctors and medical students in the United States.-Scope and operations:...
, the American Psychological Association
American Psychological Association
The American Psychological Association is the largest scientific and professional organization of psychologists in the United States. It is the world's largest association of psychologists with around 154,000 members including scientists, educators, clinicians, consultants and students. The APA...
, and the NAACP. A November 2001 poll indicated that 73% of Americans were in favor of hate-crime legislation covering sexual orientation.
The LLEHCPA was introduced in substantially similar form in each Congress since the 105th Congress
105th United States Congress
The One Hundred Fifth United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1997 to January 3, 1999, during the fifth and...
in 1999. The 2007 bill expanded on the earlier versions by including transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
provisions and making it explicit that the law should not be interpreted to restrict people's freedom of speech or association.
Opposition
James DobsonJames Dobson
James Clayton "Jim" Dobson, Jr. is an American evangelical Christian author, psychologist, and founder in 1977 of Focus on the Family , which he led until 2003. In the 1980s he was ranked as one of the most influential spokesman for conservative social positions in American public life...
, founder of the socially conservative lobbying group Focus on the Family
Focus on the Family
Focus on the Family is an American evangelical Christian tax-exempt non-profit organization founded in 1977 by psychologist James Dobson, and is based in Colorado Springs, Colorado. Focus on the Family is one of a number of evangelical parachurch organizations that rose to prominence in the 1980s...
, opposed the Act, arguing that it would effectively "muzzle people of faith who dare to express their moral and biblical concerns about homosexuality." However, HR 1592 contains a "Rule of Construction" which specifically provides that "Nothing in this Act...shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
."
Senator Jeff Sessions
Jeff Sessions
Jefferson Beauregard "Jeff" Sessions III is the junior United States Senator from Alabama. First elected in 1996, Sessions is a member of the Republican Party...
, among other Senators, was concerned that the bill would not protect all individuals equally. Senator Jim DeMint
Jim DeMint
James Warren "Jim" DeMint is the junior U.S. Senator from South Carolina, serving since 2005. He is a member of the Republican Party and a leader in the Tea Party movement. He previously served as the U.S. Representative for from 1999 to 2005.-Early life and education:DeMint was born in...
of South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
spoke against the bill, saying that it was unnecessary, that it violated the 14th Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, and that it would be a step closer to the prosecution of "thought crimes". He also claimed that it wouldn't help white people
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...
if they were victims of a hate crime. Four members of the U.S. Commission on Civil Rights wrote a letter stating their opposition to the bill, citing concerns of double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
.
107th to 109th congress
The bill was first introduced into the 107 Congress107th United States Congress
The One Hundred Seventh United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from January 3, 2001 to January 3, 2003, during the final...
's House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
on April 3, 2001, by Rep. John Conyers
John Conyers
John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party...
and was referred to the Subcommittee on Crime
United States House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security
The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security is a subcommittee within the House Judiciary Committee.-Jurisdiction:From the House Rules:...
. The bill died when it failed to advance in the committee.
It was reintroduced by Rep. Conyers in the 108th
108th United States Congress
The One Hundred Eighth United States Congress was the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives from January 3, 2003 to January 3, 2005, during the third and fourth years of George W. Bush's...
and 109th
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
congresses (on April 22, 2004 and May 26, 2005, respectively). As previously, it died both times when it failed to advance in committee.
Similar legislation was introduced by Sen. Gordon H. Smith (R-OR) as an amendment to the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 on June 14, 2004. Though the amendment passed the U.S. Senate by a vote of 65-33, the amendment was later removed by conference committee.
110th Congress
The bill was introduced for the fourth time into the House on March 30, 2007, by Conyers. The 2007 version of the bill added gender identityGender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
to the list of suspect classes for prosecution of hate crimes. The bill was again referred to the Subcommittee on Crime, Terrorism and Homeland Security.
The bill passed the subcommittee by voice vote
Voice vote
A voice vote is a voting method used by deliberative assemblies in which a vote is taken on a topic or motion by responding verbally....
and the full House Judiciary Committee by a vote of 20–14. The bill then proceeded to the full House, where it was passed on May 3, 2007, with a vote of 237–180 with Representative Barney Frank
Barney Frank
Barney Frank is the U.S. Representative for . A member of the Democratic Party, he is the former chairman of the House Financial Services Committee and is considered the most prominent gay politician in the United States.Born and raised in New Jersey, Frank graduated from Harvard College and...
, one of two openly gay members of the House at the time, presiding.
The bill then proceeded to the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, where it was introduced by Senator Ted Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
and Senator Gordon Smith on April 12, 2007. It was referred to the Senate Judiciary Committee. The bill died when it failed to advance in the Senate committee.
On July 11, 2007, Kennedy attempted to introduce the bill again as an amendment to the Senate Defense Reauthorization bill . The Senate hate crime amendment had 44 cosponsors, including four Republicans. After Republicans staged a filibuster on a troop-withdrawal amendment to the defense bill, Senate Majority Leader Harry Reid
Harry Reid
Harry Mason Reid is the senior United States Senator from Nevada, serving since 1987. A member of the Democratic Party, he has been the Senate Majority Leader since January 2007, having previously served as Minority Leader and Minority and Majority Whip.Previously, Reid was a member of the U.S...
delayed the votes on the hate crime amendment and the defense bill until September.
The bill passed the Senate on September 27, 2007, as an amendment to the Defense Reauthorization bill. The cloture vote was 60–39 in favor. The amendment was then approved by voice vote
Voice vote
A voice vote is a voting method used by deliberative assemblies in which a vote is taken on a topic or motion by responding verbally....
. President Bush indicated he might veto the DoD authorization bill if it reached his desk with the hate crimes legislation attached. Ultimately, the amendment was dropped by the Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
leadership because of opposition from antiwar Democrats, conservative groups, and Bush.
In late 2008, then-President-elect Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
's website stated that one of the goals of his new administration would be to see the bill passed.
House
Conyers introduced the bill for the fifth time into the House on April 2, 2009. In his introductory speech, he claimed that many law enforcement groups, such as the International Association of Chiefs of PoliceInternational Association of Chiefs of Police
The International Association of Chiefs of Police was founded in Chicago in 1893 as the National Chiefs of Police Union. The primary goal of this organization was to apprehend and return criminals who had fled the agency jurisdictions in which they were wanted...
, the National Sheriffs Association and 31 state Attorneys General support the bill and that the impact hate violence has on communities justifies federal involvement.
The bill was immediately referred to the full Judiciary Committee
United States House Committee on the Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement...
, where it passed by a vote of 15–12 on April 23, 2009.
On April 28, 2009, Rep. Mike Honda
Mike Honda
Michael Makoto "Mike" Honda is an American Democratic Party politician. He currently serves as the U.S. Representative for , encompassing western San Jose and Silicon Valley...
(D-CA
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
) claimed that if the bill were passed it may help prevent the murders of transgendered Americans, such as the murder of Angie Zapata
Angie Zapata
Angie Zapata was an American trans woman beaten to death in Greeley, Colorado. Allen Andrade was convicted of first-degree murder and committing a bias-motivated crime, because he killed her after he learned that she was transgender. The case was the first in the nation to get a conviction for a...
. Conversely, Rep. Steve King
Steve King
Steven Arnold "Steve" King is the U.S. Representative for , serving since 2003. He is a member of the Republican Party.The district is located in the western part of the state and includes Sioux City and Council Bluffs....
(R-IA
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
) claimed that the bill was an expansion of a category of "thought crimes" and compared the bill to the book Nineteen Eighty-Four
Nineteen Eighty-Four
Nineteen Eighty-Four by George Orwell is a dystopian novel about Oceania, a society ruled by the oligarchical dictatorship of the Party...
. That same day, the House Rules Committee
United States House Committee on Rules
The Committee on Rules, or Rules Committee, is a committee of the United States House of Representatives. Rather than being responsible for a specific area of policy, as most other committees are, it is in charge of determining under what rule other bills will come to the floor...
allowed one hour and 20 minutes for debate.
The bill then moved to the full House, for debate. During the debate, Rep. Jan Schakowsky
Jan Schakowsky
Janice D. "Jan" Schakowsky is the U.S. Representative for , serving since 1999. She is a member of the Democratic Party.The district includes many of Chicago's northern suburbs, including Evanston, Skokie, Wilmette, Park Ridge, Des Plaines and Rosemont...
(D-IL
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
) claimed that the bill would help prevent murders such as those of spree killer Benjamin Nathaniel Smith
Benjamin Nathaniel Smith
Benjamin Nathaniel Smith was a spree killer who targeted members of racial and ethnic minorities in random drive-by shootings in Illinois and Indiana, USA during the weekend of July 4, 1999.- Early life :...
and would take "an important step" towards a more just society. After the vote, Rep. Trent Franks
Trent Franks
Trent Franks is the U.S. Representative for , serving since 2003. He is a member of the Republican Party.The district takes in the entire northwestern corner of the state, including Kingman and Lake Havasu City, but most of its vote is cast in the western Phoenix suburbs.-Early life, education and...
(R-AZ
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
) claimed that equal protection regardless of status is a fundamental premise of the nation and thus the bill is unnecessary, and that, rather, it would prevent religious organizations from expressing their beliefs openly (although the bill only refers to violent actions, not speech.)
The bill passed the House on April 29, 2009, by a vote of 249–175, with support from 231 Democrats and 18 Republicans, including Republican Main Street Partnership
Republican Main Street Partnership
The Republican Main Street Partnership is a group of moderate members of the United States Republican Party. They tend away from the dominant social conservatism of many Republicans and towards a moderate fiscal conservatism and limited government to a degree. The group is the rough equivalent of...
members Judy Biggert
Judy Biggert
Judith Borg "Judy" Biggert is the U.S. Representative for , serving since 1999. She is a member of the Republican Party.-Early life, education and career:...
(IL), Mary Bono Mack (CA), Joseph Cao
Joseph Cao
Anh "Joseph" Quang Cao is the former U.S. Representative for , serving from 2009 until 2011. He is a member of the Republican Party. In April 2011, he announced he will be a candidate for Attorney General of Louisiana in 2011, however in September 2011 he pulled out of the race.He was the first...
(LA
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
), Mike Castle (DE), Charlie Dent
Charlie Dent
Charles "Charlie" Dent is the U.S. Representative for , serving since 2005. He is a member of the Republican Party.The district includes all of Northampton County, most of Lehigh County, and small parts of Berks and Montgomery Counties....
(PA
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
), Lincoln Diaz-Balart
Lincoln Diaz-Balart
Lincoln Rafael Díaz-Balart was the U.S. Representative for from 1993 to 2011. He is a member of the Republican Party. He previously served in the Florida House of Representatives and the Florida Senate...
(FL
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
), Mario Diaz-Balart
Mario Diaz-Balart
Mario Rafael Diaz-Balart Caballero is the current U.S. Representative for , serving since 2011. A member of the Republican Party, he was elected in 2010 to succeed his brother, Lincoln Diaz-Balart. The district includes the city of Hialeah, along with several of Miami's southwestern suburbs...
(FL), Rodney Frelinghuysen
Rodney Frelinghuysen
Rodney P. Frelinghuysen is the U.S. Representative for , serving since 1995. He is a member of the Republican Party.-Early life, education and career:...
(NJ
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
), Jim Gerlach
Jim Gerlach
James "Jim" Gerlach is the U.S. Representative for , serving since 2003. He is a member of the Republican Party.- Early life, education and career :...
(PA), Mark Kirk
Mark Kirk
Mark Steven Kirk is the junior United States Senator from Illinois and a member of the Republican Party. Previously, Kirk was a member of the United States House of Representatives, representing Illinois's 10th congressional district....
(IL), Leonard Lance
Leonard Lance
Leonard Lance is the U.S. Representative for , serving since 2009. He is a member of the Republican Party. He previously served in the New Jersey Senate and the New Jersey General Assembly....
(NJ), Frank LoBiondo
Frank LoBiondo
Frank A. LoBiondo is the U.S. Representative for , serving since 1995. He is a member of the Republican Party. The district is at the southern end of New Jersey, and by far the biggest Congressional District in the state...
(NJ), Todd Russell Platts
Todd Russell Platts
Todd Russell Platts is the U.S. Representative for , serving since 2001. He is a member of the Republican Party.The district is located in south-central Pennsylvania, encompassing all of York and Adams Counties, and a large portion of Cumberland County...
(PA), Dave Reichert
Dave Reichert
David George Reichert is the U.S. Representative for , serving since 2005. He is a member of the Republican Party. He previously served as Sheriff of King County, Washington.-Early life, education and career:...
(WA), and Greg Walden
Greg Walden
Gregory Paul Walden is the U.S. Representative for , serving since 1999. He is a member of the Republican Party.The district covers more than two-thirds of the state . He is the son of Paul E...
(OR
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
) along with Bill Cassidy
Bill Cassidy
William "Bill" Cassidy is the U.S. Representative for , serving since 2009. He is a member of the Republican Party.-Early life, education and career:...
(LA), Mike Coffman
Mike Coffman
Michael "Mike" Coffman is the U.S. Representative for , serving since 2009, and a former Secretary of State of Colorado. He is a member of the Republican Party.-Early life, education, and business career:...
(CO
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
), and Ileana Ros-Lehtinen
Ileana Ros-Lehtinen
Ileana Ros-Lehtinen is the U.S. Representative for , serving since 1989. She is a member of the Republican Party....
(FL).
On April 30, 2009, Rep. Todd Tiahrt
Todd Tiahrt
Todd Tiahrt is the former U.S. Representative for , serving from 1995 until 2011. He is a member of the Republican Party. The district encompasses 11 counties in the south central region of the state, including the city of Wichita. He was succeeded by Republican Mike Pompeo.Tiahrt ran...
(R-KS
Kansas
Kansas is a US state located in the Midwestern United States. It is named after the Kansas River which flows through it, which in turn was named after the Kansa Native American tribe, which inhabited the area. The tribe's name is often said to mean "people of the wind" or "people of the south...
) compared the bill to the novel Animal Farm
Animal Farm
Animal Farm is an allegorical novella by George Orwell published in England on 17 August 1945. According to Orwell, the book reflects events leading up to and during the Stalin era before World War II...
and claimed it would harm free speech. Rep. George Miller (D-CA) and Rep. Dutch Ruppersberger
Dutch Ruppersberger
Charles Albert "Dutch" Ruppersberger III is the U.S. Representative for , serving since 2003. He is a member of the Democratic Party....
(D-MD
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
) both announced that they were unable to be present for the vote, but had they been present they would each have voted in favor. Conversely, Rep. Michael Burgess
Michael C. Burgess
Michael Clifton Burgess, is the U.S. Representative for , serving since 2003, and a member of the Tea Party Caucus.-Early life, education, and early career:...
(R-TX
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
) claimed federal law was already sufficient to prevent hate crimes and said that had he been present he would have voted against the bill.
On October 8, 2009, the House passed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act as part of the conference report on Defense Authorization for fiscal year 2010. The vote was 281-146, with support from 237 Democrats and 44 Republicans.
Senate
The bill again proceeded to the Senate, where it was again introduced by Kennedy on April 28, 2009. The Senate version of the bill had 45 cosponsors as of July 8, 2009.On June 25, 2009, the Senate Judiciary Committee held a hearing on the bill. Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
Eric Holder
Eric Holder
Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....
testified in support of the bill, the first time a sitting Attorney General has ever testified in favor of the bill. During his testimony, Holder mentioned his previous testimony on a nearly identical bill to the senate in July 1998 (the Hate Crimes Prevention Act of 1998, S.1529), just months before Matthew Shepard was murdered. According to CNN
CNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
, Holder testified that, "more than 77,000 hate crime incidents were reported by the FBI between 1998 and 2007, or 'nearly one hate crime for every hour of every day over the span of a decade.'" Holder emphasized that one of his "highest personal priorities ... is to do everything I can to ensure this critical legislation finally becomes law."
Reverend Mark Achtemeier of the University of Dubuque
University of Dubuque
The University of Dubuque is a Presbyterian university located in Dubuque, Iowa, with a general attendance of approximately 1,600 students. The school offers both undergraduate and graduate degree programs. It is one of three four-year post-secondary institutions in the City of Dubuque, and is...
Theological Seminary, Janet Langhart
Janet Langhart
Janet Langhart Cohen is an American model, television journalist and author. She serves as President and CEO of Langhart Communications and is the spouse of former Defense Secretary William Cohen...
, whose play was premiering at the United States Holocaust Museum at the time of the shooting
United States Holocaust Memorial Museum shooting
The United States Holocaust Memorial Museum shooting was a shooting at that nation's memorial to The Holocaust in Washington, D.C. on June 10, 2009, at 12:50 p.m. Security guard Stephen Tyrone Johns, 39, was shot, and later died from his injuries. Suspect James Wenneker von Brunn, 88, was charged...
earlier in the month and Michael Lieberman of the Anti-Defamation League
Anti-Defamation League
The Anti-Defamation League is an international non-governmental organization based in the United States. Describing itself as "the nation's premier civil rights/human relations agency", the ADL states that it "fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects...
also testified in favor of the bill. Gail Heriot of the United States Commission on Civil Rights
United States Commission on Civil Rights
The U.S. Commission on Civil Rights is historically a bipartisan, independent commission of the U.S. federal government charged with the responsibility for investigating, reporting on, and making recommendations concerning civil rights issues that face the nation.-Commissioners:The Commission is...
and Brian Walsh of the Heritage Foundation
Heritage Foundation
The Heritage Foundation is a conservative American think tank based in Washington, D.C. Heritage's stated mission is to "formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong...
testified in opposition to the bill.
The Matthew Shepard Act was adopted as an amendment to (the National Defense Authorization Act for Fiscal Year 2010) by a 63-28 cloture vote on July 15, 2009. At the request of Senator Jeff Sessions
Jeff Sessions
Jefferson Beauregard "Jeff" Sessions III is the junior United States Senator from Alabama. First elected in 1996, Sessions is a member of the Republican Party...
(an opponent of the Matthew Shepard Act), an amendment was added to the Senate version of the hate crimes legislation that would have allowed prosecutors to seek the death penalty for hate crime murders, though the amendment was later removed in conference with the House.
The bill won the support of five Republicans: Susan Collins
Susan Collins
Susan Margaret Collins is the junior United States Senator from Maine and a member of the Republican Party. First elected to the Senate in 1996, she is the ranking member of the Senate Committee on Homeland Security and Governmental Affairs...
(ME
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
), Dick Lugar
Dick Lugar
Richard Green "Dick" Lugar is the senior United States Senator from Indiana and a member of the Republican Party. First elected to the Senate in 1977, he is the ranking member of the Senate Committee on Foreign Relations and was its chairman from 1985 to 1987 and 2003 to 2007...
(IN
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
), Lisa Murkowski
Lisa Murkowski
Lisa Ann Murkowski is the senior U.S. Senator from the State of Alaska and a member of the Republican Party. She was appointed to the Senate in 2002 by her father, Governor Frank Murkowski. After losing a Republican primary in 2010, she became the second person ever to win a U.S...
(AK
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
), Olympia Snowe
Olympia Snowe
Olympia Jean Snowe , née Bouchles, is the senior United States Senator from Maine and a member of the Republican Party. Snowe has become widely known for her ability to influence the outcome of close votes, including whether to end filibusters. She and her fellow Senator from Maine, Susan Collins,...
(ME
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
), and George Voinovich
George Voinovich
George Victor Voinovich is a former United States Senator from the state of Ohio, and a member of the Republican Party. Previously, he served as the 65th Governor of Ohio from 1991 to 1998, and as the 54th mayor of Cleveland from 1980 to 1989.-Personal life:Born in Cleveland, Ohio, his father was...
(OH
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
).
Passage
The bill passed the Senate when the Defense bill passed on July 23, 2009. As originally passed, the House version of the defense bill did not include the hate crimes legislation, requiring the difference to be worked out in a Conference committeeConference report
In the United States Congress, a conference report refers to the final version of a bill that is negotiated between the House of Representatives and the Senate via conference committee. It is printed and submitted to each chamber for its consideration, such as approval or disapproval...
. On October 7, 2009, the Conference committee published the final version of the bill, which included the hate crimes amendment; the conference report was then passed by the House on October 8, 2009. On October 22, 2009, following a 64-35 cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
vote, the conference report was passed by the Senate by a vote of 68-29. The bill was signed into law on the afternoon of October 28, 2009 by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
.
Legislative History
| Congress | Short title | Bill number | Date introduced | Sponsor | # of cosponsors | Latest status |
|---|---|---|---|---|---|---|
| 107th Congress | Local Law Enforcement Hate Crimes Prevention Act of 2001 | April 3, 2001 | Rep. John Conyers John Conyers John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party... (D-MI) |
208 | Died in the House Subcommittee on Crime United States House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security is a subcommittee within the House Judiciary Committee.-Jurisdiction:From the House Rules:... |
|
| March 27, 2001 | Sen. Ted Kennedy Ted Kennedy Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history... (D-MA) |
50 | Failed cloture Cloture In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"... motion 54-43 |
|||
| 108th Congress | Local Law Enforcement Hate Crimes Prevention Act of 2004 | April 22, 2004 | Rep. John Conyers John Conyers John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party... (D-MI) |
178 | Died in the House Subcommittee on Crime, Terrorism, and Homeland Security | |
| to | June 14, 2004 | Sen. Gordon H. Smith (R-OR) | 4 | Passed in the Senate (65-33) as an amendment to the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 Removed from conference report |
||
| 109th Congress | Local Law Enforcement Hate Crimes Prevention Act of 2005 | May 26, 2005 | Rep. John Conyers John Conyers John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party... (D-MI) |
159 | Died in the House Subcommittee on Crime, Terrorism, and Homeland Security United States House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security is a subcommittee within the House Judiciary Committee.-Jurisdiction:From the House Rules:... |
|
| May 26, 2005 | Sen. Ted Kennedy Ted Kennedy Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history... (D-MA) |
45 | Died in the Senate Judiciary Committee | |||
| 110th Congress | Local Law Enforcement Hate Crimes Prevention Act of 2007 | March 30, 2007 | Rep. John Conyers John Conyers John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party... (D-MI) |
171 | Passed the House (237-180) | |
| April 12, 2007 | Sen. Ted Kennedy Ted Kennedy Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history... (D-MA) |
44 | Died in the Senate Judiciary Committee | |||
| 111th Congress | Local Law Enforcement Hate Crimes Prevention Act of 2009 | April 2, 2009 | Rep. John Conyers John Conyers John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party... (D-MI) |
120 | Passed the House (249-175) as an amendment to the National Defense Authorization Act for Fiscal Year 2010 National Defense Authorization Act for Fiscal Year 2010 The National Defense Authorization Act for Fiscal Year 2010 is a law in the United States signed by President Barack Obama on October 28, 2009. As a bill it was H.R. 2647 in the 111th Congress... . |
|
| April 28, 2009 | Sen. Ted Kennedy Ted Kennedy Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history... (D-MA) |
45 | Died in the Senate Judiciary Committee (after the Leahy version passed) | |||
| to | July 15, 2009 | Sen. Patrick Leahy Patrick Leahy Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,... (D-VT) |
37 | Passed in the Senate (63-28) as an amendment to the National Defense Authorization Act for Fiscal Year 2010 National Defense Authorization Act for Fiscal Year 2010 The National Defense Authorization Act for Fiscal Year 2010 is a law in the United States signed by President Barack Obama on October 28, 2009. As a bill it was H.R. 2647 in the 111th Congress... . Signed into law October 28, 2009 by President President of the United States The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.... Barack Obama Barack Obama Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in... . |
Enforcement
In May 2011, a man in ArkansasArkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
pled guilty under the Act to running a car containing five Hispanic men off the road. As a result, he became the first person ever convicted under the Act. A second man involved in the same incident was later convicted under the Act but has asked for a new trial.
In August 2011, one man plead guilty to branding a swastika
Swastika
The swastika is an equilateral cross with its arms bent at right angles, in either right-facing form in counter clock motion or its mirrored left-facing form in clock motion. Earliest archaeological evidence of swastika-shaped ornaments dates back to the Indus Valley Civilization of Ancient...
into the arm of a developmentally disabled man of Navajo
Navajo people
The Navajo of the Southwestern United States are the largest single federally recognized tribe of the United States of America. The Navajo Nation has 300,048 enrolled tribal members. The Navajo Nation constitutes an independent governmental body which manages the Navajo Indian reservation in the...
descent. A second man entered a guilty plea to conspiracy to commit a federal hate crime. The two men were accused of branding the victim, shaving a swastika into his head, and writing the words "white power" and the acronym "KKK" on his body. A third man in June 2011, entered a guilty plea to conspiracy to commit a federal hate crime. All three men were charged under the Act in December of 2010.
See also
- David Ray Hate Crimes Prevention ActDavid Ray Hate Crimes Prevention ActThe David Ray Hate Crimes Prevention Act of 2009 or David's Law, was a bill first introduced in the United States House of Representatives on January 7, 2009, by Rep. Sheila Jackson-Lee of Texas. It was designed to reinforce enforcement of hate crimes, and specifically make sexual orientation a...
(2007)
External links
, the House bill, the Senate bill- South Carolina Senator Jim DeMint's speech. Flash video on YouTubeYouTubeYouTube is a video-sharing website, created by three former PayPal employees in February 2005, on which users can upload, view and share videos....
. 16 July 2009. 12 minutes. - Text of floor speeches by Senators Kennedy, Bayh, and Schumer introducing the bill in the Senate on April 12, 2007
- Final form of Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act