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30 Oct 2009

US: After 10-year dispute, expansion of hate crimes law to gays signed

President Barack Obama has signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act - named after victims of two brutal 1998 murders: Shepard, a 21-year-old gay Wyoming college student and Byrd, a black man dragged to his death - on Oct 28.



Hate crime survivor Todd Metrokin recounts his brutal attack
outside a Washington DC pizza shop on CNN


The following is an excerpt from "After 10-year dispute, expansion of hate crimes law to gays signed" by Perry Bacon Jr.  published by the Washington Post. For the full article, follow the link at the end of the page.

When a gay Wyoming college student was slain in 1998, congressional Democrats pledged to broaden the definition of federal hate crimes by the end of that year to include attacks based on sexual orientation.

The effort instead turned into a decade-long proxy war between liberal groups that want to expand gay rights and conservative groups that do not. But Wednesday, President Obama signed the bill and then hosted a White House reception for gay activists and the parents of the slain student, 21-year-old Matthew Shepard.

"After more than a decade of opposition and delay, we've passed inclusive hate crimes legislation to help protect our citizens from violence based on what they look like, who they love, how they pray or who they are," Obama said after the signing.

During that period, the House and the Senate separately approved the hate crimes expansion numerous times. But congressional Republicans repeatedly used legislative tactics to block final passage, arguing that most crimes that would fall under the law could be prosecuted under other statutes, and conservative groups such as the Traditional Values Coalition said the legislation would turn "homosexual behaviors as well as cross-dressing, transvestism, and transsexualism into federally-protected 'minority' groups."

This year, with enlarged majorities in Congress, Democrats attached the hate crimes law to a $681 billion defense spending bill this month over GOP objections. House Minority Leader John A. Boehner (R-Ohio) said the approach put "radical social policy" on the "back of our soldiers."

The legislation extends provisions first passed in 1968 that make it a federal crime to target individuals because of their race, religion or national origin. Under the law, judges can impose harsher penalties on crimes that are motivated by such animus, and the Justice Department can help local police departments investigate alleged hate crimes.


Gay author and political commentator Andrew Sullivan quotes a reader:

"To paraphrase Dan Savage, it is true that hate crimes legislation will not create a force field around gay people and instantly provide them with new levels of protection from anti-gay violence. Hate crime legislation does, however, allow the federal government to provide resources to local governments as they investigate and prosecute hate crimes. In the Shepard case, prosecuting Matthew's two killers cost the county US$150,000, forcing the county to furlough five employees (according to the Matthew Shepard Foundation's website). While hates crimes legislation would not have protected Matthew from the rage of his killers -- nor would it have added more time to their prison sentences -- it could have provided much-needed resources as Laramie struggled to deliver justice. I think this last point should not be dismissed so out of hand." - "No More Matthew Shepards, Ctd"


Gay news blog Queerty on Todd Metrokin's  comments in the CNN package:

But let's make one thing clear: In this segment's opening package, hate crime survivor Todd Metrokin retold his brutal story outside a pizza shop. Telling that story is important. But Metrokin's statement is misleading: "[Hates crimes laws] at least gives you a sense of safety, and that adds value."

Hate crimes laws should not give LGBTs a sense of safety.

They do not prevent anti-gay attacks. You think harsher punishments and federal funding for investigations factor into the mind of an attacker? They don't. So don't go around thinking Obama signing the Matthew Shepard Act makes you safer walking down the street. And nobody should be sending that message. Especially the gays. (Kudos to Dan to reminding viewers as much.) 


 

 

United States

Reader's Comments

Comment #1 was deleted by its author on 2010-01-19 21:44
2. 2009-10-30 21:30  
No more hate crimes !! Yes we can !!

Do not miss the 7th Taiwan Pride Parade
on 31th OCT, 2009 "Love Out Loud"

* happy halooween * twitter/fundosi
3. 2009-10-30 22:26  
Dan Savage !

He is hansome lol.
4. 2009-10-30 23:22  
Very fitting that Anderson Cooper is the one announcing this on CNN ;-)
5. 2009-10-31 01:26  
YESSSS!!! IT'S ABOUT DAMN TIME!!! =D
6. 2009-10-31 01:38  
its a new age for us ....YIPPY hahah
7. 2009-10-31 02:51  
This is absolutely embarassing for the United States. For years many of us have fought against this type of law, as it serves no purpose to create a special class of crime.
It should be noted that in both cases the individuals committing these heinous and brutal acts were arrested, convicted and sentenced without a special "hate crimes law".

I know of no crime committed out of an act of friendship, charity or love. It is always motivated by hate, greed, selfishness, anger etc.

It is sad we have such a poor president in our country that only seeks to divide and break apart our country, to make it easier to increase his own power. To many of us in America we feel like it is 1933 in Germany.
Let us hope and pray this power hungry leader is stopped before his fanning the flames of jealousy and hate ignite a conflagration we cannot stop.
Comment #8 was deleted by its author on 2009-11-02 22:25
9. 2009-10-31 06:59  
This is only a small step in the right direction and should be noted, but the gay community needs much more than this. We are a long way from equal rights.
10. 2009-10-31 09:53  
Another shovel full of dirt on the remains of the inept and sociopathic Bush presidency. Keep up the good work Obama. Next comes federal legislation recognizing gay relationships and the repeal of Dont ask, dont tell.
11. 2009-10-31 10:28  
Wow.. Kuman... what a twisted soul you are. How do you want Obama stopped? Hmmmm?
12. 2009-10-31 11:46  
Why is a person that desires equal application of the law a twisted soul?

You ask "How do I want Obama stopped "?
Why by electing legislators that support and obey the Constitution, how else would or could Americans stop him?
13. 2009-10-31 12:36  
So I assume you voted for McDumb and Dumber? If so, you got your girl to protect you and save the world in 2012.
14. 2009-10-31 14:27  
Kumon , I'm trying to understand u - u want a president who finally has enough balls to stand up for minorities to be stopped? Why?

15. 2009-10-31 14:42  
Americans are so sad .. In those 10 years, 7 other nations adopted same-sex marriage laws and many others have some sort of civil partnerships .. But hey, it's the land of the free right ?
16. 2009-10-31 20:04  
I never fail to be amazed by the hatred and anger of democrats in America and their ability to make assumptions and jump to conclusions.
Here, as much as I dislike President Obama and his minions, I offer a tone of respect for him as he is our President, whether I like it or not.

Mr Maxmillian refers to a US Senator and a former governor as McDumb and Dumber and a woman as a girl ( talk about sexist).

If you wish to know what candidate I voted for, I have to say I vote for the candidate that I believe will support and defend the Constitution of the US and govern for the benefit of our beloved country. Regrettably, sometimes the candidates we wish to elect are not on the ballot. For example, I did not support John McCain, as I disagree strongly with him on many issues. I do not think he has a clear and consistant voice and that he panders too much for popular attention and so called bi-partisanship.

It is interesting this debate arises over "hate-crimes" ( again a term I am loathe to use , as crime is about hate, jealousy and anger).

I find more anger and hatred on the "left" in American politics. In fact as I breakfasted with some of my gay friends this morning, we all agreed we have experienced more hate from fellow gay men for being independent thinkers than for towing the line of the left.

As far as fantomlover (post 14) assuming President Obama and those that supported this legislation ( that only passed by political gamesmanship, not as an idea that could stand on its own merit) somehow stands up for minorities and has balls, this has nothing to do with helping anyone. It has to do with the baset and lowest form or party politics pandering for support. Using politics and the law to gain financial support and votes - that is the interest of a statist goverment, consolidating power for their own gain, slowly chipping away at the rule of law enshrined in our founding document, the Constitution.
Again, it should be noted that in both criminal cases that are held up as making this law necessary, our legal system captured, tried and punished the guilty perpetrators. But a statist never lets an opportunity to chip away at the rights of the individual to increase their power.
That is why many in America feel like 1933 Germany.

17. 2009-11-01 02:24  
anderson cooper is hot
Comment edited on 2009-11-01 02:25:47
18. 2009-11-01 03:56  
Hey gays, don't be quick to judge on Kuman. I totally comprehend what you are trying to say.

I realize this bill serves no purpose, and I hate to say this, I actually agree with the Republicans (think Ron Paul). Will it sanction the offenders with a heavier charge relative to brutally killing a straight man or woman? In all fairness, I did not read the bill nor do i think all of you did.

Crime is a crime. Serving this bill only reinforces the inequality of gays and minorities to the straight white male of the society.
19. 2009-11-01 08:29  
Mr. Kuman... you say that there is much more hatred on the left then there is your your part of the galaxy. If that is true please explain why the US Secret Service has reported a 400% increase in violent threats to Mr. Obama as there was to George W. Bush.
20. 2009-11-01 08:35  
Referring to Sarah Palin as the "Dumber" part in McDumb and Dumber... the term wasn't appropriate. Youtube any of her interviews with Katie Couric or Charles Gibson.. the list goes on, and it clearly reveals that Dumber gives her too much credit.
21. 2009-11-01 20:08  
Another very important news, for some of us, is that the US will repeal its 22 year ban on HIV+ foreigners visiting the country. The piece of news I read said it would be effective beginning 2010. Maybe Fridae will make a piece on it.
22. 2009-11-01 22:26  
do u know those gay haters/homophobers are gay as well??
they are just too chicken to accept themselves as gay and try to cover up their sexual orientation by attacking, verbally or physically, other fellow gay just to get public opinion that they "are not" gay...
so, dont hate them, but pity them, they are our brothers who lost their faith and path...
think again....
23. 2009-11-02 08:08  
It is good to see that there is a federal law in the US that will put these violent people away in prison. Better to have them off the streets. It is likely that each criminal will have a pattern of committing hate crimes so prison will break that pattern making gay people safer.
Unfortunately in prison these people may be likely to suffer some sexual abuse.
24. 2009-11-02 11:02  
Actually I was surprised to hear that Russ Feingold, a Democrat Senator I respect, voted against the bill because it infringes on the freedom of speech.

I found the law more of towards clarifying just how an act can be defined as a hate crime which allows any judge to determine clearly just how a court's proceedings and sentencing should be dispensed.

It does not, however, grant the LGBT community with immunity from battery due to ignorant bible/quran thumping idiots.

It is not a law that creates a 'special class'. It's a law that gives clarification to hate not only for people of differing sexual orientations, but for those of different races as well.
25. 2009-11-02 12:29  
My understanding of Feingold's vote was due to his opposition for funding military spending for Afghanistan. So it was a symbolic vote.
Comment #26 was deleted by its author on 2009-11-02 19:10
Comment #27 was deleted by its author on 2009-11-02 20:22
28. 2009-11-02 20:22  
Post #7 (who repeated his words @ #8 as though he feard no one will hear them):

"This is absolutely embarassing for the United States. For years many of us have fought against this type of law, as it serves no purpose to create a special class of crime."

Erm..sorry to sound like a smartypants, bt honey, the USA being your own country should give you an even clearer picture of the increasing homophobic crime & bullying that occurs frequently throughout yr very own society...even I, a foreigner, am well aware of this. Did you read yr papers? I feel a tad embarassed for you.

It is precisely BECAUSE of the often-violent & vicious manner these crimes were perperated that gays there DO need a law for protection. And as Aput #24 noted, it's not just for them, bt racial minorities too. If you feel insulted by the passing of such a law then
I have a suggestion: Why don't you guys IMPROVE American society for the better? :-)
29. 2009-11-02 22:24  
Well my remarks were posted twice because I clicked the post banner twice and was not aware of it. Furthermore, I was not aware that I could delete my posting.

As for your last comment, I live my life every day committed to self-betterment and I treat everyone I know with respect, as I value the dignity of each individual's life.

It should be noted this new law does not do anything to stop a "hate crime' or to educate individual citizens, it helps establish funding to investigate and prosecute an incident after it has occurred ( read the article. I do not pretend to have read the full legislation, but few Congressmen do that themselves either).

I stand by my comments. The power of law cannot change the inclinations of the heart and minds of men. It is a mistake all too frequently made.
Long ago, I learned to judge each person as a unique creation and child of God and stronly believe we should all be treated with respect and basic dignity. I do not have to like someone, nor approve of what they do, but I do always strive to maintain a civil tone.

I still stand by the uselessness of this law.

Did you notice that in both cases the parties committing these crimes were arrested, convicted and punished?

This law would have done nothing to stop horrific events like this from happening.

This law is about making a few political activists feel good and an abuse and perversion of our legal system.
Comment #30 was deleted by its author on 2009-11-02 22:25
Comment #31 was deleted by its author on 2009-11-02 23:09
32. 2009-11-02 23:03  
It's good to know you're commiting to better yourself & treat everyone with respect- keep in mind that besides you, many others in the world are trying,too. Indeed, human nature & the futility of the human race can never really be overcome, as you've ao accurately noted. But NEVER underestimate people's' ability to overcome their weaknesses :-)

Whether this law will be useful or useless, only time - and neither you nor I- can tell. Sometimes, all it takes is a little humility for the society to be a better place....something very lacking in the US.
But I can see a few brave souls within yr country- JFK, Lyndon Johnson, Barack Obama, etc...who bravely fought the status quo monster for the betterment of the country & its people...of course, they are not saints (and I don't expect them to be) but at the very least, they attempt to provide policies based on FAIRNESS & EQUALITY across all spectrum of society....and just for that, they have my respect. Ever heard of the Einstein phrase " Great ideas often encounter violent opposition from mediocre minds"?
Comment #33 was deleted by its author on 2009-11-02 23:58
34. 2009-11-02 23:57  
Edit on prev comment: I forgot to add Jimmy Carter- though very different fr the above trio (and most US prosidents indeed) he's a man worthy of respect & admiration, in his own way. :-)
35. 2009-11-03 01:11  
wow..... you listed my pantheon men I wish had never been president. Clearly we have different approaches to life and views on the world.

I strongly believe that the way to bend the hearts and minds of men is one heart and mind at a time, by personally living a life of integrity and character. If I do not earn the respect or admiration of another based upon that, then I do not see how a backhanded act of congress or any other legislative body can change the hearts and minds of men through faceless, impersonal declarations.

It is regrettable that many people are like water and follow the path of least resistance and do what is easy, rather than right.




36. 2009-11-03 11:03  
wow, so many great gay republicans here:)

did anyone watch Lesbian Vampire Killers this weekend? spectacularly campy and fun

anyway lighten up here guys

but its nice to have some people here who think Obama is not God, and not wanting the government to solve every issues in life

we Gay men are fine and strong enough to defend ourselves and any crime against us, this legislation is more symbolic than really effective in preventing crime

better to get yourself a gun and learn to use it like us cowboys do in Michigan
37. 2009-11-03 11:14  
in other news my older brother and his husband don't like Obama anymore and he is losing lots of steam, those two powerful fabulous thought leaders have already written him off as a one term president just cause he is a simple tax and spend liberal... USA gay men are tired of paying such high taxes and want to get back to be the money into our gay pockets
Comment #38 was deleted by its author on 2009-11-03 13:16
Comment #39 was deleted by its author on 2009-11-03 13:17
40. 2009-11-03 13:20  
My dear Kumon10127, I've stated my previous comments clearly & honestly, in straightforward, plain English.
No malice intended. It's regrettable that you, who pride youself on being the new world Einstein, have difficulty understanding what I'm trying to say. But please, be humble enough to remember 2 things:

1) With war, division & strife going on these days, don't you think it's wiser to "live like water & follow the path of least resistance'"? Most people do that...precisely because of CONSIDERATION for other people.

2) Cowboy rules & lifestyle might be fine in a cowboy town in the US, but look what happened during Bush's term when it's being imported & imposed all over the world?

Of course, you do have have some good points to make, esp rgd integrity & character, but sadly it's negated by yr pompous vainglory.
Keep in mind that you, too, like the rest of us, fall & fail by the wayside from time to time. Try to be a little less self-centered; the world isn't about just you & certainly doesn't revolve around you alone.
41. 2009-11-04 22:04  
Seems several points are missed about this bill. It comes under Federal law. Hence if you have a state or county that is particualrly notorious about going easy on 'fag bashers', then there is an avenue to pursue justice in a different venue through federal means. It hits at the relligious right that before hand could stand up and literally shout 'fire' in a crowded theater as it relates to gays . The religous community can incite hate through their verbage and then stand back and let some low life carry out a heinous crime. Just as you are not allowed to stand in a theater and shout 'fire', as an exercise of freedom of speech, this law will deter some of the religious zealots from promoting hate in their community. It gives federal recognition to the problem and represents some of the 80 standing up for the 20. It's a grand bill and I believe has followed the Constitution in its processing and passing.
42. 2009-11-06 15:14  
#41: Exactly. I rest my case.
43. 2010-01-05 08:59  
Well done to Barack Obama its time something along these lines was instituted in Australia.

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