Hate Crimes

  • January 11, 2010

    The Justice Department's Civil Rights Division is once again "open for business," according to the division's new chief, Thomas Perez, in remarks to ACS members and covered live by C-SPAN.

    "In the first 60 days that I've been on the job, we have already done as much hate crimes activity as was done in the entire fiscal year of 2006. And by the way, that was a leap year. And we've done as much as was done in fiscal year 2007," Perez told an ACS audience at the National Press Club, in a YouTube clip now available here. "Don't listen to my words, look at our actions."

  • October 28, 2009
    Following quickly the congressional approval of a defense bill that includes a measure expanding protections for victims of hate crimes, President Obama today signed the Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act into law. The new law expands the federal hate crimes law to include violent acts committed against individuals because of their gender, sexual orientation, gender identity or disability, reports The Associated Press. The AP notes that the hate crimes measure was attached to the defense spending bill, "over the steep objections of many Republicans." 

    In an article for The Huffington Post, Paul LeGendre of Human Rights First notes that the expanded hate crimes law "will also permit federal authorities to assist local governments in hate crime investigations and increase their capacity through training programs." LeGendre adds, "This much-needed step to enhance the government's response to hate crime at home will play an important role in enhancing US leadership on combating ate violence globally."

  • October 22, 2009
    The Senate approved legislation that extends the definition of hate crimes to include those committed against individuals because of their gender identity, sexual orientation or disability. The New York Times reports that the extension of the federal hates crimes law was included in an "essential military-spending bill," which passed the Senate on a 68-29 vote. The House approved the extension two weeks ago and President Obama has signaled his intent to sign it. Kevin Cathcart, executive director of Lambda Legal, a civil rights organization that has worked for passage of an extended hate crimes law, lauded the Senate's action. "Years after the tragic murders of Matthew Shepard, Brandon Teena, Sakia Gunn and others our government is finally standing up and saying: No more," Cathcart said. "This law will send a message that violence motivated by hate will not be tolerated in this country and is a welcome first step towards other critical protections for the lesbian, gay, bisexual and transgender community."

    The Times noted that the bill will "allocate $5 million a year to the Justice Department to assist local communities in investigating hate crimes, and it would allow the agency to assist in investigations and prosecutions if local agencies requested help."

    In a guest post for ACSblog earlier this year, Liz Seaton, director of projects and Managing Attorney for the National Center for Lesbian Rights (NCLR), covered the ongoing debate over the hate crimes law and urged lawmakers to extend its coverage. 

  • October 8, 2009

    The Conference Report for the Defense Department Appropriations Reauthorization was released yesterday including the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which would classify violent crimes against LGBT victims as hate crimes. The Conference Report is the result of negotiations between the House of Representatives and Senate to reconcile legislation passed by each chamber. The reconciled bill must still garner majority support from each chamber before being sent to the president.

    Law Dork's Chris Geidner has the details on the Act:

    On page 1483 [of the pdf] (1361 of the bill), the penalties lay out a maximum of life imprisonment for the most severe types of hate-motivated crimes. They are when:
  • * death results from the offense.
  • * the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
  • The bill provides for no greater penalties.

    In an apparent effort to obstruct passage of the Hate Crimes Act earlier this year, Sen. Jeff Sessions amended the bill to allow capital punishment for hate crimes. Many backers of the Hate Crimes Act objected to the amendment, issuing statements like that from the Leadership Conference on Civil Rights, which criticized capital punishment in light of "significant doubts about its deterrent effect and clear evidence of disproportionate application against poor people. Moreover, there are serious, well-documented concerns about unequal and racially biased application of the death penalty."

  • July 20, 2009
    Guest Post

    By Christopher Anders, ACLU Senior Legislative Counsel

    This afternoon, the Senate passed Senator Jeff Sessions' (R-Ala.) amendment to the hate crimes provision in the National Defense Authorization Act (S. 1390). His dangerous, misguided, and unconstitutional amendment seeks to expand the scope of the federal death penalty, as well as extend it to include non-homicide crimes.

    The ACLU has several concerns with Sen. Sessions' amendment. First, capital punishment is an unreliable form of punishment that has the disturbingly frequent result of being imposed on the innocent. Second, expansion of the death penalty under the Sessions amendment would directly defy the precedent of the Supreme Court that has held repeatedly that the death penalty cannot be used in anything less than homicide cases. Third, the amendment seriously obstructs Americans' civil rights. The death penalty is always wrong.