House Vote Creates Historic Opportunity for Hate Crimes Legislation this Congress
With the Senate Judiciary Committee considering children's safety legislation (notably, S. 1086) and a possible hate crimes amendment to that bill in committee or on the floor, we, the civil rights, religious, and education organizations included below, want to highlight the hate crimes legislation that passed in the House in mid-September and how that may be used to enact hate crimes legislation this Congress.
The House version of hate crimes legislation passed on September 14 as an amendment on H.R. 3132, the Children's Safety Act, with a vote of 223-199, including 30 Republicans. Representative Conyers sponsored the amendment (identical text to H.R. 2662), with support from Congresswomen Baldwin and Ros-Lehtinen and Congressmen Frank and Shays. This is the first time the House had a substantive vote on hate crimes prevention legislation.
The House hate crimes legislation contains two important clarifying improvements in language which the Senate bill (S.1145) has yet to incorporate, providing the Senate a historic opportunity to pass an improved hate crimes bill with stronger support in the civil rights community:
1. Language addressing First Amendment concerns. Both the Senate and House bills have always intended to punish and deter bias-motivated violence, but never intended to punish bias itself, or to burden speech or association. The House version as passed includes the following language that makes explicit the drafters' intention: RULE OF EVIDENCE- In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.
2. Language clarifying that all anti-lesbian, gay, bisexual and transgender hate crimes are covered. Both versions of the bill have always intended that all anti-LGBT hate crimes are addressed by the bill. The House language clarifies this intention by providing that gender identity and gender-related characteristics are covered to the same extent as other characteristics.
Passage of hate crimes legislation is needed for all of the communities affected by violence. The legislation helps combat crimes based on race, religion, national origin, disability, gender, sexual orientation, and gender identity by allowing the federal government to provide resources to local law enforcement and act as a federal backstop if local authorities do not prosecute these crimes.
The best chance for enactment of hate crimes legislation to help all of the communities who need these important protections is for the Senate to pass the hate crimes legislation already passed by the House.
We, the undersigned civil rights, religious, and education organizations, therefore urge the Senate to act on this historic opportunity by moving hate crimes legislation this session utilizing the more explicit House-approved hate crime bill language.
American Association of People with Disabilities
American Association of University Women (AAUW)
American Civil Liberties Union (ACLU)
American Humanist Association
The American Jewish Committee
The American-Arab Anti-Discrimination Committee (ADC)
Anti-Defamation League (ADL)
Asian American Justice Center (formerly NAPALC)
Children of Lesbians & Gays Everywhere
DignityUSA
Disciples Justice Action Network (Disciples of Christ)
The Episcopal Church
Equal Partners in Faith
Equality Federation: Statewide Advocates for LGBT Justice
Family Pride Coalition
Gay, Lesbian and Straight Education Network
The Interfaith Alliance
Japanese American Citizens League
Log Cabin Republicans
Mautner Project, The National Lesbian Health Organization
National Association of LGBT Community Centers
National Association for the Advancement of Colored People (NAACP) National Black Justice Coalition
National Center for Transgender Equality
National Coalition for the Homeless
National Coalition of Anti-Violence Programs (NCAVP)
National Council of Jewish Women (NCJW)
National Gay and Lesbian Task Force
National Latino/a Coalition for Justice
National Organization for Women (NOW)
National Stonewall Democrats
New York City Gay & Lesbian Anti-Violence Project
People For the American Way
PFLAG: Parents, Family and Friends of Lesbians and Gays
Presbyterian Church (USA)
Pride At Work, AFL-CIO
Transgender Law Center
Transgender Law and Policy Institute
Unitarian Universalist Association of Congregations
United Church of Christ, Justice and Witness Ministries
United States Student Association