BY MALCOLM LAZIN
The Senate passed the Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act as an amendment to the National Defense Authorization Act. In May 2007, the House by a vote of 237 to 180 approved the Matthew Shepard Act. The Act includes violence based on sexual orientation, gender identity and disability as a crime when perpetrated against a class of citizens. Race, color, religion and national origin are presently included in the federal hate crimes statute.
The Matthew Shepard Act reflects changing national attitudes and the bipartisan support of sexual orientation in state hate crimes statutes. Nonetheless, President Bush has expressed his likelihood to veto the Matthew Shepard Act. According to Sen. Lindsey Graham, R-S.C., 'The President is not going to agree to this social legislation on the defense authorization bill. The bill will get vetoed.'
According to recent Gallup and Pew polls, approximately 68 percent of Americans favor including sexual orientation in hate crimes protections. This support includes majorities measured by Republicans, conservatives, Protestants and Catholics. The amendment is supported by 290 organizations, including the National Sheriff's Association, the International Association of Chiefs of Police, the U.S. Conference of Mayors and the National Council of Churches.
There are 31 states that statutorily include sexual orientation with criminal sanctions in hate crimes protections. These states include Arizona, Florida, Iowa, Kansas, Kentucky, Louisiana, Nebraska, Nevada, Texas and Tennessee. Collectively, these 31 states have about 71 percent of the nation's population and are represented by 62 U.S. Senators and 310 of the 435 members of the House of Representatives.
Of the 31 states, sexual orientation amendments were enacted in 25 states when there was either a Republican majority in at least one of the two legislative bodies and/or there was a Republican governor. These state hate crimes statutes represent neither judicial nor liberal legislative activism.
While Matthew Shepard is the best known gay hate crime victim, this year Ryan Skipper, 25, of Winter Haven, Fla., and Sean Kennedy, 20, of Greenville, S.C., were among those murdered because of their sexual orientation. According to the 2007 Florida attorney general's Hate Crimes Report, crimes against lesbians, gays, bisexual and transgender ( LGBT ) people have increased in Florida in six of the past seven past years. Sixty-two percent of hate crimes against the LGBT community fell within the most violent categories, more than any other delineated group.
Opponents claim that providing hate crimes protection based on sexual orientation is a special right. This view appears homophobic. These organizations do not lobby for the elimination of race, national origin, religion or other group from hate crime protections.
Opponents argue that hate crimes statutes inhibit free speech. The act both provides sanctions for violent acts and protects the expression of religious belief and personal opinion. Hate crimes are more serious than a normal assault because they target not just an individual, but an entire group. This violence undermines individual liberty and social order as demonstrated in the targeting of Jews during the Third Reich and the recent ethnic cleansing in Bosnia, Iraq and Darfur.
As President Bush determines whether for the fourth time in his presidency to exercise a veto, he should weigh how this action empowers those who would strike down innocent lives like those of Matthew Shepard, Ryan Skipper and Sean Kennedy.
No one is safe until everyone is equally valued and safeguarded under the law. Democracy values all citizens and insures their liberty and security.
Equality Forum Executive Director Malcolm Lazin is the recipient of the National Education Association's 2005 Creative Leadership in Human Rights Award; the 2006 Distinguished Alumnus Award from Lebanon Valley College; and is a 2007 Prime Mover of the Hunt Alternatives Fund.
