Matthew Shepard Act

The Matthew Shepard Act (officially, the Local Law Enforcement Hate Crimes Prevention Act of 2007 or LLEHCPA), USBill|110|HR|1592 was a proposed federal bill that would expand 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 would also:
* remove the current prerequisite that the victim be engaging in a federally-protected activity, like voting or going to school;
* give federal authorities greater ability to engage in hate crimes investigations that local authorities choose not to pursue;
* provide $10 million in funding for 2008 and 2009 to help State and local agencies pay for investigating and prosecuting hate crimes;
* require the FBI to track statistics on hate crimes against transgender people (statistics for the other groups are already tracked). [http://www.thetaskforce.org/issues/hate_crimes_main_page/2007_legislation Hate Crimes Protections 2007 | National Gay and Lesbian Task Force ] ]

The bill passed the House of Representatives on May 3, 2007, 237 to 180, with Barney Frank, one of two openly gay Representatives, presiding. [Simon, R. [http://www.latimes.com/news/nationworld/nation/la-na-hate4may04,0,3438099.story?track=mostviewed-homepage Bush threatens to veto expansion of hate-crime law] , Los Angeles Times, 2007-05-03. Retrieved on 2007-05-03.]

On 11 July, 2007, Senator Edward Kennedy introduced the bill (USBill|110|S|1105) in the Senate as an amendment to the Senate Defense Reauthorization bill (USBill|110|HR|1585). The Senate hate crime amendment had 43 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. [ [http://www.washblade.com/thelatest/thelatest.cfm?blog_id=13543 Hate crimes bill in limbo - Washington Blade ] ]

The bill passed the Senate on September 27, 2007, as an amendment to the Defense Reauthorization bill. The cloture vote was 60 to 39 in favor. The amendment was then approved by voice vote. [ [http://www.hrc.org/news/7747.htm HRC | Senate Passage of Hate Crimes Bill Moves Bill Closer Than Ever To Becoming Law ] ] President Bush has indicated he may veto the DoD authorization bill if it reaches his desk with the hate crimes legislation attached. [ [http://www.whitehouse.gov/omb/legislative/sap/110-1/hr1592sap-h.pdf Statement of Administration Policy] , Executive Office of the President, Office of Management and Budget. Retrieved 2007-05-09.] [ [http://www.pinknews.co.uk/news/articles/2005-5582.html US Senate passes gay hate crimes law] , PinkNews.co.uk.] Ultimately, the amendment was dropped by the Democratic leadership because of opposition from antiwar Democrats, conservative groups, and President George W. Bush.cite news|url=http://www.windycitymediagroup.com/gay/lesbian/news/ARTICLE.php?AID=17078|title=Congress Drops Hate-Crimes Bill|first=Amy|last=Wooten|date=2008-01-01|accessdate=2008-07-31|work=Windy City Times]

Background

The 1969 federal hate-crime law (USC|18|245(b)(2)) extends only to crimes motivated by actual or perceived race, color, religion, or national origin, and only while the victim is engaging in a federally-protected activity, like voting or going to school.Stout, D. [http://www.nytimes.com/2007/05/04/washington/04hate.html House Votes to Expand Hate Crime Protection] , New York Times, 2007-05-03. Retrieved 2007-05-03.] Penalties, under both the existing law and the LLEHCPA, for hate crimes involving firearms are prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can bring life terms.

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. [Abrams, J. [http://www.guardian.co.uk/worldlatest/story/0,,-6605760,00.html House Passes Extended Hate Crimes Bill] , Associated Press, 2007-05-03. Retrieved on 2007-05-03.]

The Act is 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. [ [http://www.hrc.org/Content/NavigationMenu/HRC/Get_Informed/Federal_Legislation/LLEEA_Coalition_Endorsement_Fact_Sheet/LLEEA_Coalition_Endorsement_Fact_Sheet.htm Supporters for this legislation] , Human Rights Campaign. Retrieved 05-03-2007.] A November 2001 poll indicated that 73% of Americans favor hate-crime legislation covering sexual orientation. [ [http://www.hrc.org/laws_and_elections/5660.htm The Local Law Enforcement Hate Crimes Prevention Act / Matthew Shepard Act] , Human Rights Campaign. Retrieved 2007-09-27.]

The LLEHCPA was introduced in substantially similar form in each Congress since the 105th Congress in 1999. The 2007 bill expands on the earlier versions (originally called the "Local Law Enforcement Enhancement Act") by including transgender provisions and making it explicit that the law should not be interpreted to restrict people's freedom of speech or association. [ [http://www.matthewshepard.org/site/DocServer/HRC-LLEHCPA-FAQ1-17-07.pdf?docID=463 Questions and Answers: The Local Law Enforcement Hate Crimes Prevention Act] , Human Rights Campaign. Retrieved on 2007-05-04.]

James Dobson, founder of 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." [ Text of USBill|110|HR|1592 "Referred to Senate Committee after being Received from House" as accessed on 2007-10-02; the text of USBill|110|S|1105 accessed on the same date does not include this section.]

This act is named for an American student, Matthew Shepard, who was tortured and murdered in a 1998 hate crime.

References

External links

*, the House bill
*, the Senate bill
* [http://www.govtrack.us/congress/record.xpd?id=110-s20070412-36&bill=s110-1105#sMonofilemx003Ammx002Fmmx002Fmmx002Fmhomemx002Fmgovtrackmx002Fmdatamx002Fmusmx002Fm110mx002Fmcrmx002Fms20070412-36.xmlElementm8m0m0m Text of floor speeches by Senators Kennedy, Bayh, and Schumer introducing the bill in the Senate on April 12, 2007]
* [http://www.hatecrimesbill.org Hatecrimesbill.org: Advocating for passage of LGBT inclusive Bill]