The Matthew Sheppard Hate Crimes Bill
Here is the simple breakdown of the above Act:
The Local Law Enforcement Hate Crimes Prevention Act.
The Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA) gives the Justice Department the power to investigate and prosecute bias motivated violence by providing the Department with jurisdiction over crimes of violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.
The LLEHCPA provides the Justice Department with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable, by taking the lead in investigations and prosecutions of violent crime resulting in death or serious bodily injury that were motivated by bias. The LLEHCPA also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers, or to assist in state and local investigations and prosecutions of bias motivated crimes.
Bias Motivated Violent Crime Affects an Entire Community.
A hate crime occurs when the perpetrator of the crime intentionally selects the victim because of who the victim is. While violent hate crimes are a widespread and serious problem in our nation, it is not the frequency or number of violent hate crimes alone, that distinguish these acts of violence from other types of crime. A random act of violence resulting in injury or even death is a tragic event that devastates the lives of the victim and their family, but the intentional selection and beating or murder of an individual because of who they are terrorizes an entire community and sometimes the nation. For example; a 2006, Harris Interactive poll found that 64 percent of gays and lesbians are concerned about being the victim of a bias-motivated crime.
Bias Motivated Violent Crime is a Pervasive Community Problem. Evidence indicates that hate crimes are underreported; however, statistics show that since 1991 over 100,000 hate crime offenses have been reported to the FBI, with 7,163 reported in 2005, the FBI’s most recent reporting period. Violent crimes based on race-related bias were by far the most common, representing 54.7 percent of all offenses for 2005. Violent crimes based on religion represented 17.1 percent and ethnicity/national origin, 13.2 percent. Violent crimes based on sexual orientation constituted 14.2 percent of all hate crimes in 2005, with 1,017 reported for the year. The National Coalition of Anti-Violence Programs (NCAVP), a non-profit organization that tracks bias incidents against gay, The Local Law Enforcement Hate Crimes Prevention Act
1640 Rhode Island Avenue, NW Washington, D.C. 20036 web: www.hrc.org
phone: 202/628-4160 fax: 202/347-5323
I/Legal/Factory/Hate Crimes/one pager for MOC LLEHCPA 1.10.07.
Created: January 10, 2007. lesbian, bisexual and transgender people, reported 1,985 incidents for 2005 from only 13 jurisdictions, compared to the 12,417 agencies reporting to the FBI in 2005. The LLEHCPA Gives Local Law Enforcement the Tools to Combat Violent Bias Motivated
Crime. The importance of the LLEHCPA is that it provides a backstop to state and local law enforcement by allowing a federal prosecution if – and only if – it is necessary to achieve an effective, just result, and to permit federal authorities to assist in investigations. Federal support, in the form of grants for training or through direct assistance will ensure all bias motivated violence is adequately investigated and prosecuted, while at the same time ensuring state and local authorities are not overburdened. Support for this legislation is overwhelming.
The bill is endorsed by notable individuals and over 175 law enforcement, civil rights, civic and
religious organizations, including: President George H.W. Bush’s Attorney General Dick
Thornburgh; National Sheriffs’ Association; International Association of Chiefs of Police; U.S.
Conference of Mayors; Presbyterian Church; Episcopal Church; and the Parent’s Network on
Disabilities. Poll after poll continues to show that the American public supports hate crimes
legislation inclusive of sexual orientation, including a Kaiser Family Foundation poll released in
November 2001 showing 73 percent of Americans supporting hate crimes legislation that includes sexual orientation. Legislative status of the LLEHCPA
Both the Senate and House have voted in favor of legislation to combat bias motivated violence in the prior Congresses. Most recently in the 109th Congress, the House of Representative approved its hate crimes bill as an amendment on a bipartisan vote of 223 to 199. House and Senate votes were held in the 106th and 108th Congress. In the 108th Congress, the Senate passed the measure by an overwhelming vote of 65-33, with 18 Senate Republicans voting yes, and the House approved it on a bipartisan vote of 213-186, with 31 Republicans voting yes.
From the above breakdown it isn't difficult to see the need for this Act to be passed in both houses of Congress and to be signed into law immediately. Since the fundamentalist/evangelical followers are so against this then it must mean it will be effective to prevent further hate crimes against the LGBT community or they wouldn't be so "violently opposed to prevent it passage"
TFR
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The Local Law Enforcement Hate Crimes Prevention Act.
The Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA) gives the Justice Department the power to investigate and prosecute bias motivated violence by providing the Department with jurisdiction over crimes of violence where the perpetrator has selected the victim because of the person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.
The LLEHCPA provides the Justice Department with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable, by taking the lead in investigations and prosecutions of violent crime resulting in death or serious bodily injury that were motivated by bias. The LLEHCPA also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers, or to assist in state and local investigations and prosecutions of bias motivated crimes.
Bias Motivated Violent Crime Affects an Entire Community.
A hate crime occurs when the perpetrator of the crime intentionally selects the victim because of who the victim is. While violent hate crimes are a widespread and serious problem in our nation, it is not the frequency or number of violent hate crimes alone, that distinguish these acts of violence from other types of crime. A random act of violence resulting in injury or even death is a tragic event that devastates the lives of the victim and their family, but the intentional selection and beating or murder of an individual because of who they are terrorizes an entire community and sometimes the nation. For example; a 2006, Harris Interactive poll found that 64 percent of gays and lesbians are concerned about being the victim of a bias-motivated crime.
Bias Motivated Violent Crime is a Pervasive Community Problem. Evidence indicates that hate crimes are underreported; however, statistics show that since 1991 over 100,000 hate crime offenses have been reported to the FBI, with 7,163 reported in 2005, the FBI’s most recent reporting period. Violent crimes based on race-related bias were by far the most common, representing 54.7 percent of all offenses for 2005. Violent crimes based on religion represented 17.1 percent and ethnicity/national origin, 13.2 percent. Violent crimes based on sexual orientation constituted 14.2 percent of all hate crimes in 2005, with 1,017 reported for the year. The National Coalition of Anti-Violence Programs (NCAVP), a non-profit organization that tracks bias incidents against gay, The Local Law Enforcement Hate Crimes Prevention Act
1640 Rhode Island Avenue, NW Washington, D.C. 20036 web: www.hrc.org
phone: 202/628-4160 fax: 202/347-5323
I/Legal/Factory/Hate Crimes/one pager for MOC LLEHCPA 1.10.07.
Created: January 10, 2007. lesbian, bisexual and transgender people, reported 1,985 incidents for 2005 from only 13 jurisdictions, compared to the 12,417 agencies reporting to the FBI in 2005. The LLEHCPA Gives Local Law Enforcement the Tools to Combat Violent Bias Motivated
Crime. The importance of the LLEHCPA is that it provides a backstop to state and local law enforcement by allowing a federal prosecution if – and only if – it is necessary to achieve an effective, just result, and to permit federal authorities to assist in investigations. Federal support, in the form of grants for training or through direct assistance will ensure all bias motivated violence is adequately investigated and prosecuted, while at the same time ensuring state and local authorities are not overburdened. Support for this legislation is overwhelming.
The bill is endorsed by notable individuals and over 175 law enforcement, civil rights, civic and
religious organizations, including: President George H.W. Bush’s Attorney General Dick
Thornburgh; National Sheriffs’ Association; International Association of Chiefs of Police; U.S.
Conference of Mayors; Presbyterian Church; Episcopal Church; and the Parent’s Network on
Disabilities. Poll after poll continues to show that the American public supports hate crimes
legislation inclusive of sexual orientation, including a Kaiser Family Foundation poll released in
November 2001 showing 73 percent of Americans supporting hate crimes legislation that includes sexual orientation. Legislative status of the LLEHCPA
Both the Senate and House have voted in favor of legislation to combat bias motivated violence in the prior Congresses. Most recently in the 109th Congress, the House of Representative approved its hate crimes bill as an amendment on a bipartisan vote of 223 to 199. House and Senate votes were held in the 106th and 108th Congress. In the 108th Congress, the Senate passed the measure by an overwhelming vote of 65-33, with 18 Senate Republicans voting yes, and the House approved it on a bipartisan vote of 213-186, with 31 Republicans voting yes.
From the above breakdown it isn't difficult to see the need for this Act to be passed in both houses of Congress and to be signed into law immediately. Since the fundamentalist/evangelical followers are so against this then it must mean it will be effective to prevent further hate crimes against the LGBT community or they wouldn't be so "violently opposed to prevent it passage"
TFR
posted by ALOCKSLEE at
7:12 AM
3 Comments:
Just think when the legislation is passed the preachers will have to instruct the attendees to refrain from acting like fascist thugs and not hurt any LBGT people and to act like Christians and that will have a serious effect on the all the usual fun that the fundies and evangelicals had gotten away with all this time.
Imagine all of them having to be non violent to LBGT folks and be tolerant of all those awful sinners! Oh my what will they do with their free time then?
TFR
The following is the true account of the Philadelphia Repent America reports:
The Truth About the Philadelphia Outfest Arrests Hate Crimes Laws Are Not Used to Punish Speech
Federal hate crimes legislation is an important tool to combat violent, bias motivated crime. Unfortunately, some right-wing conservative organizations, including the antigay American Family Association, condemn this legislation and push legislators to vote against its passage.
These groups attempt to exploit the false but common argument that this legislation will burden free speech, somehow turning federal authorities into “thought police.” To bolster this argument, they cite the arrest of several members of the group “Repent America” at the October 2004 Philadelphia Outfest, a large annual lesbian, gay, bisexual and transgender block party. In fact, the Outfest incident had nothing to do with constraint of free speech.
Here are the true facts regarding the incident: The afternoon of Outfest, a group of eleven demonstrators entered the eight-block area where Outfest was being held. The leader of the demonstrators carried a Bible in one hand, and a bullhorn in the other. A frequent presence at LGBT events, the members of Repent America had previously touted their message - "Homosexuality Is Sin, Christ Can Set You Free" – at many gay-pride events. Soon after their arrival, the demonstrators were surrounded by Outfest supporters armed with pink whistles and eight-foot-tall boards of pink-colored insulation mounted on sticks. Eventually, a crowd formed and in an effort to prevent violence, police instructed the demonstrators to go to the edge of the Outfest area. The demonstrators ignored three orders to move and were told by police they would be arrested if they refused to comply. At this point, demonstrators sat down in the street, forcing police to remove them. The group was charged with numerous offenses including criminal conspiracy, obstructing a highway, failure to disperse, disorderly conduct and violating Pennsylvania’s hate crimes law, referred to as ethnic intimidation. Four of the antigay activists were barred from attending future organized LGBT events as a condition of bail.
Pennsylvania’s hate crimes law specifies a group of violent crimes, including arson and destruction of property, that can carry an additional charge of ethnic intimidation if committed “with malicious intent toward the actual or perceived race, color, religion, national origin, ancestry, mental or physical disability, sexual orientation, gender or gender identity of another individual or group of individuals.”[1] This charge is added to the underlying offense, for example, the arson. To be convicted of ethnic intimidation, a person must be convicted of the underlying offense. In other words, it is only violent actions that are punished, not mere thoughts or speech. After being charged, the individuals associated with Repent America requested that a federal court block their prosecution in state court on the charges resulting from the arrests at Outfest. The federal judge refused to intervene. Soon after, a state judge revoked the bail condition that had ordered the four of the antigay activists away from organized gay events, calling the restriction an unreasonable restraint on free speech. On February 17, 2005, the state court, finding no violation of the Pennsylvania hate crime law, dismissed all criminal charges against the remaining antigay activists. In dismissing the case, Philadelphia Common Pleas Court Judge Pamela Dembe said that the demonstrators simply had been exercising their First Amendment rights.[2] The members of Repent America filed suit against the City alleging a violation of their civil rights. The suit against the City and Outfest organizers Philly Pride, was dismissed on January 18, 2007, by the United States District Court for the Eastern District of Pennsylvania which granted summary judgment for the City.
Continued...
continued... The Court’s ruling contrasts the Philly Pride organizers of OutFest, who properly obtained a permit for their event and followed police instructions, with the anti-LGBT protesters, who did not apply for a permit, used bullhorns in an attempt to drown out Philly Pride’s speech, refused to follow police orders, acted belligerently, and threatened the peace by antagonizing a large crowd of people.[3] The Court found that police acted properly by attempting to move the protesters and arresting them when they failed to comply. The members of Repent America were not prevented from speaking - it was their conduct, not the content of their speech, which led to their arrests. The members of Repent America appealed the District Court’s decision. On July 15, 2008, the U.S. Court of Appeals for the Third Circuit affirmed the District Court’s decision. But the real story of this case is how well the criminal justice system worked. When a judge reviewed the charges, she properly recognized that what had occurred was not a hate crime – and she dropped the charges. The actions of the protesters – though confrontational and offensive – were not typical of the kind of conduct which hate crime laws were designed to address. Far from a demonstration of the infirmities of hate crime laws, the Outfest case actually serves as a demonstration that these laws will be properly applied. Some state hate crime laws have been on the books for 25 years. One isolated case of prosecutorial overreaching does not make a very compelling case against hate crime laws – especially when the federal government and 45 states and the District of Columbia have enacted such laws, when they are supported by every major law enforcement organization in America, and when a unanimous Supreme Court approved their constitutionality in 1993.
[1] 18 Pa.C.S. § 2710 (2005).
[2] Larry Eichel, Charges against 'Philadelphia 4' tossed; A judge said activists who protested a gay event in Center City were exercising their rights, The Philadelphia Inquirer, February 18, 2005 at A1.
[3] A video the protesters filmed undermined their own claims by revealing their disruptive, confrontational actions.
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