President Signs Hate Crimes Bill

topic posted Wed, October 28, 2009 - 7:47 PM by  Hummingbird
Share/Save/Bookmark
Advertisement
www.dailykos.com/storyonly...the-Making

Statement from the National Gay and Lesbian Task Force

"As a result of this legislation, if local jurisdictions are unable or unwilling to investigate or prosecute hate crimes based on sexual orientation or gender identity, the Justice Department can now step in. And that’s why the LGBT community never stopped working for this historic day.


This legislation not only has practical value, but is a symbol of our progress. It is the first time in the nation’s history that Congress has passed explicit protections on the basis of sexual orientation and gender identity. We could not have reached this moment without the powerful support of our allies who stood with us every step of the way. We are deeply grateful to civil rights, civic, faith and disability rights groups, as well as law enforcement and district attorney organizations that worked side by side with the LGBT advocates. We are equally thankful to Congress, President Obama and members of his administration for passing and signing this bill into law. "

Advertisement
Advertisement
  • Re: President Signs Hate Crimes Bill

    Wed, October 28, 2009 - 8:03 PM
    many people do not understand this bill.....

    unless a federal agency is able to investigate a crime......the crime can be brushed under the carpet by local law enforcement .

    the hate crime bill just will make sure that a federal agency is able to jump in as soon there are any questions about the motive.
    • Re: President Signs Hate Crimes Bill

      Wed, October 28, 2009 - 8:07 PM
      In other words if somewhere in the deep south the ku klux kowards were to burn a cross in the yard of a same sex couple and the kkk infested local cops refuse to investigate that the victimized couple now has some legal recourse. Sounds good to me.
      • Unsu...
         

        Re: President Signs Hate Crimes Bill

        Fri, October 30, 2009 - 3:50 PM
        <<<In other words if somewhere in the deep south the ku klux kowards were to burn a cross in the yard of a same sex couple and the kkk infested local cops refuse to investigate that the victimized couple now has some legal recourse. Sounds good to me.>>>

        and if they do the same in the lawn of a mixed sex couple will they too have access to that very same legal recourse?
        Or will they have less rights or protection than a same sex couple?
  • Re: President Signs Hate Crimes Bill

    Wed, October 28, 2009 - 9:05 PM
    Hate Isn't a Criminal Justice Problem

    October 23, 2009 at 11:40 AM



    The Senate has finally passed its anti-gay hate crime bill and President Obama will certainly sign it, no doubt to much fanfare. In the words of Human Rights Campaign's Joe Solmonese, it'll be "our nation's first major piece of civil rights legislation" for LGBT Americans. And at this seemingly historic moment, the burning question for people who think gay folks should to be treated like full citizens ought to be this: So what?

    I wrote my first story about the Senate’s anti-gay hate crime bill more than a decade ago. What struck me most then holds true today: It’s a nothing bill. All these years of lobbying and cajoling (and donating to) the Democrats, and this is the best they can do for gay civil rights? A tough-on-crime law that adds sexual orientation and gender identity to the list of things it’s really, really illegal to attack somebody over? At best, the bill scores the symbolic victory of the Senate acknowledging gay people as something more than a threat to straight marriages. At worst, it puts another club in the hands of a broken criminal justice system that will use it, as always, to beat up on young black men.

    Hate crimes are not a criminal justice problem. Cops and courts have their place, but they aren’t a panacea. We like to think if we just “get tough” on social problems we don’t want to meaningfully address, it’ll go away. But that hasn’t worked for drugs, it hasn’t worked for teen pregnancy or STDs, and it’s not gonna work for hate, of gay people or anybody else. Fixing those things takes a lot more work--work we don’t want to do.

    The Senate’s bill (passed, fittingly, as an attachment to the conference report outlining the Pentagon’s budget) broadens the definition of the existing federal hate crime law to include disability, sexual orientation, gender and gender identity. (Race, color, religion and national origin are already in there.) It also makes it a federal crime to attack military personnel because of their job.

    Supporters named the measure after Matthew Shepard, the young Wyoming man who’s brutal murder caught the nation off guard back in 1998. As me and other Root writers have noted, an uncounted number of black young people have since been tortured, killed and driven to suicide for being queer; not to mention the grisly violence transgender people in urban communities face routinely. Those crimes don’t make national headlines--even within the gay community--and the victims thus don’t qualify as hate-crime poster children. Which is the first sign that there’s not much honest about the discussion.

    If the Senate and gay rights advocates alike want to actually deal with hate, then let’s do so. Let’s support real conversations in schools about sexuality and fund gay-straight alliance clubs, so they exist not just in tony neighborhoods but in the poor communities where hate crimes happen. Spare us the lobbying budget for a hate crime bill and instead fund gay community centers and outreach programs in those same poor neighborhoods. In sum, let’s actually engage the hate in question, not just make more crimes for prosecutors to tally.

    --KAI WRIGHT
  • Re: President Signs Hate Crimes Bill

    Wed, October 28, 2009 - 9:09 PM
    There's other links within the article you might find interesting...

    www.theroot.com/blogs/obam...ice-problem
    • Re: President Signs Hate Crimes Bill

      Wed, October 28, 2009 - 9:16 PM
      more or less....humm....


      people still can yell " faggot, nigger, foreigner, etc.etc."........but they can't yell and beat /kill them without risking that the feds. will jump in and arrest, prosecute their ass.
      • Re: President Signs Hate Crimes Bill

        Wed, October 28, 2009 - 9:39 PM
        Making an ass of one's self by calling someone any of those names is protected speech under the First Amendment. The bill signed today will not stop that nor will it stop religious bigots from quoting biblical opinions about homosexuality. It simply gives federal protection to people who are victims of action as opposed to speech. The Civil Rights Act of 1964 did not make it a crime for bigots to use the "n" word. It did make it a crime to deny employment, housing or education based on race. IMHO the symbolism of the federal government giving protection to people for sexual orentation is a victory for human rights.

        South Africa who at one time had the worst human rights policies now sets a positive example that all nations should follow:

        en.wikipedia.org/wiki/LGBT...uth_Africa
      • Re: President Signs Hate Crimes Bill

        Thu, October 29, 2009 - 1:03 PM
        "but they can't yell and beat /kill them without risking that the feds. will jump in and arrest, prosecute their ass. "

        I think the above was already considered a crime
        • Re: President Signs Hate Crimes Bill

          Thu, October 29, 2009 - 4:08 PM
          Yeah, beating someone was already a crime. Why is it more serious to beat a gay person than it is to beat a straight person. This bill is just giving special status to gays.
          • Re: President Signs Hate Crimes Bill

            Thu, October 29, 2009 - 4:24 PM
            It gives nobody any special status. Having federal protection under this law means that if local law enforcement refuses to investigate or prosecute a crime that is motivated by bigotry the federal government will investigate. Saying that this is "special status" is just bullshit. That same argument has been used against all civil rights legislation. If there were no such thing as discrimination then such laws would not be needed in the first place. Laws should and now do take away your perogative to act against minorities. It is not "special rights" to make laws that say you cannot deny rights that are in the Constitution.

            Christians should have no special status that allows them to define marriage.
        • Re: President Signs Hate Crimes Bill

          Thu, October 29, 2009 - 4:17 PM
          <<"but they can't yell and beat /kill them without risking that the feds. will jump in and arrest, prosecute their ass. ">>

          <I think the above was already considered a crime>

          You're missing hte point. Now, the Feds can jump in if they want to without having to negotiate with local law enforcement. This evens the field for localities that don't care about these types of crimes.

          <Why is it more serious to beat a gay person than it is to beat a straight person. This bill is just giving special status to gays.>

          Because some localities do not give equal interest and effort to gay people. Are you suggesting that federal statutes against hate-crimes against other minorities should not be given this 'special status'?

          I don't even see where the question is. Gay people for the most part are not allowed to marry and have equal protection in many different situations like every other American. This is simply evening the field.

          The point that YOU are missing is that there's a REASON why this special law needs to be passed because the law which is SUPPOSED to protect everyone IS NOT DOING ITS JOB. If it was, then there'd be no issue and no need for such a specification.

          A hate-crime is a hate-crime. I don't understand the problem here.

          But, I have to say that I'm not surprised about who is confused by this.
        • Re: President Signs Hate Crimes Bill

          Fri, October 30, 2009 - 3:02 PM
          <<"but they can't yell and beat /kill them without risking that the feds. will jump in and arrest, prosecute their ass. "

          I think the above was already considered a crime<<

          You are misunderstanding the point. As was pointed out, making it a federal crime helps to ensure that local law enforcement don't sweep it under the carpet.
          • Unsu...
             

            Re: President Signs Hate Crimes Bill

            Fri, October 30, 2009 - 3:58 PM
            <<<making it a federal crime helps to ensure that local law enforcement don't sweep it under the carpet. >>>

            And so this would apply to any crimes that local law enforcement doesn't equally prosecute, right? I mean the person doesn't have to be of a minority group to be treated hatefully, correct.?
            • Re: President Signs Hate Crimes Bill

              Fri, October 30, 2009 - 4:20 PM
              John said: "And so this would apply to any crimes that local law enforcement doesn't equally prosecute, right? I mean the person doesn't have to be of a minority group to be treated hatefully, correct.? "

              If there starts to be crimes committed against some specific group of people and local law enforcement does not take action then legislation might be necessary. It has been gay people among others who have been the target which is why it is a good that the Matthew Sheppard-James Byrd Act is now law.

              This is significant because for the first time in history the U.S Government has made it official that sexual minorities will be protected against violent crimes. Gay bashers are now on notice that they will be prosecuted.
              • Unsu...
                 

                Re: President Signs Hate Crimes Bill

                Fri, October 30, 2009 - 4:41 PM
                <<<This is significant because for the first time in history the U.S Government has made it official that sexual minorities will be protected against violent crimes.>>>

                It seems more like for the first time in history certain minorities will have extra protection, not merely equal protection.
                Why not have the law read that ANY crimes that are not fairly and adequately prosecuted by the local officials will be taken care of by the Federal Government?
                • Re: President Signs Hate Crimes Bill

                  Sat, October 31, 2009 - 12:19 PM
                  <It seems more like for the first time in history certain minorities will have extra protection, not merely equal protection. >

                  That is of course, completely untrue, and sounds like whining from a member of the minority that's enjoyed the greatest staus and privelge throughout American (and European) history, i.e. straight white males.

                  Hate crime laws specifically target acts motivated by hatred toward a particular group - because of race, relgion, whatever - because such crimes are more damaging to society than random acts - to use examples I've mentioned before, it means that someone spraying swastikas on a Synogogue is doing something worse than just tagging a mailbox, and someone who goes out specifically to beat up fags (they exist, I've had to work with them) is more of a threat to society than someone who gets into a barfight.

                  And straight white men are just as protected as anyone else. If a gang of heterophobic thugs decide they want to beat the crap out of some straight guy, they are just as guilty of hate crimes - it just so happens that that happens so rarely it's nothing more than a statistical blip, if ever. The fact that people aren't often targeted for being straight white people doesn't mean that minorities get "special rights" under hate crime laws.
                  • This is the maximum depth. Additional responses will not be threaded.

                    Re: President Signs Hate Crimes Bill

                    Sun, November 1, 2009 - 7:20 AM
                    <<Hate crime laws specifically target acts motivated by hatred toward a particular group - because of race, relgion, whatever - because such crimes are more damaging to society than random acts>>

                    Except acts motivated by hatred toward particular groups based on "whatever" isn't covered under hate crimes laws. Apparently it's still okay to hate people because of their hair color, occupation, income level, political beliefs, whatever and there won't be any extra punishment if you act on that hate.
                    • Re: President Signs Hate Crimes Bill

                      Sun, November 1, 2009 - 12:21 PM
                      Yeah, cause there's such an epidemic of people being targeted for assaults because they're brunettes...NOT.
                      • Re: President Signs Hate Crimes Bill

                        Sun, November 1, 2009 - 12:38 PM
                        Kelly said: "Righties just love to revel in their ignorance, don't they? "

                        Beyond being willfully ignorant righties either don't care that gay folks get bashed or think we should be bashed as form of social control. If they had their way same sex relationships would be illegal. Some of the bible based haters believe we should be stoned to death merely because that is what their little book says. As the nation becomes even more secular they will have to adjust to the fact that their book will fade more into irrelevance in terms of social policy.
                        • Re: President Signs Hate Crimes Bill

                          Sun, November 1, 2009 - 1:29 PM
                          "Yeah, beating someone was already a crime. Why is it more serious to beat a gay person than it is to beat a straight person. This bill is just giving special status to gays."

                          For the same reason hate crimes legislation was created in the first place. There is an active christain attempt in the bible belt to create a hostile movement towards gay and lesbian people. It would be immoral for the government to wait until something terrible and tragic occured. It
                          needs to be stopped right now.
                          • Re: President Signs Hate Crimes Bill

                            Mon, November 2, 2009 - 12:23 AM
                            "For the same reason hate crimes legislation was created in the first place. There is an active christain attempt in the bible belt to create a hostile movement towards gay and lesbian people. It would be immoral for the government to wait until something terrible and tragic occured. It needs to be stopped right now. "

                            Wrong. Hate crimes legislation does not attempt to stop antipathy towards gays. It's not thought crime legislation. It only pertains to crimes driven by certain forms of bigotry.

                            ""Yeah, beating someone was already a crime. Why is it more serious to beat a gay person than it is to beat a straight person. This bill is just giving special status to gays."

                            Because there's an added social evil involved. With non-bigoted beatings, your average person doesn't have to worry that he'll get the shit kicked out of him just because someone finds out something about who he is. That, I suspect, is an anxiety maintained by gays in many parts of the country. People should have to worry about being attacked just because of who they are.
                • Re: President Signs Hate Crimes Bill

                  Sun, November 1, 2009 - 9:18 AM
                  Gay-bashing is not an issue. If it was, we'd be hearing about it a lot more in the news since every incident of gay-bashing is covered nationaly. I was able to find 4 actual cases, 2 of which were not even in the US. There was a lot about it but it was mostly hypothetical crap like what would you do if you saw gay-bashing. It's not an issue.
                  • This is the maximum depth. Additional responses will not be threaded.

                    Re: President Signs Hate Crimes Bill

                    Sun, November 1, 2009 - 9:28 AM
                    Nice try, but you are totally wrong. www.gomag.com/news/gay_ba..._the_rise_i/

                    "An FBI report released Monday indicates that not only have documented hate crimes increased in the United States, but that crimes targeted against gay people has increased from 14% in 2005 to 16% in 2006. Bias-related hate crimes increased 8% in the same time period. Crime related to one's sexual orientation ranked third in frequency behind race and religion. "

                    Sometimes I think fundamentalists and other liars just pull stuff out of thin air. The hate crimes bill is now the law of the land. Get used to it.
                    • Re: President Signs Hate Crimes Bill

                      Sun, November 1, 2009 - 9:47 AM
                      I think the route we should go for the rights of sexual minorities is the one taken by South Africa:
                      en.wikipedia.org/wiki/LGBT...uth_Africa

                      "South Africa's post-apartheid constitution was the first in the world to outlaw discrimination based on sexual orientation, and on 1 December 2006 South Africa made history by becoming the fifth country in the world and first in Africa to legalise same-sex marriage. One year later an equal age of consent was achieved; after long and lengthy debate and a complete overhaul of sexual offences legislation, consent was gender-neutralized at 16."

                      Lets put lesbian and gay rights into the Constitution and resolve the issue once and for all. Ten years ago few people thought the federal government would ever adopt a law that expressly protects gay folks from violence.
                      • Re: President Signs Hate Crimes Bill

                        Mon, November 2, 2009 - 12:28 AM
                        "Lets put lesbian and gay rights into the Constitution and resolve the issue once and for all."

                        Like that's going to happen in the foreseeable future. Far easier to get Congress to pass laws, where only a simple majority is required, rather than a constitutional amendment that requires 2/3 of Congress PLUS 3/4 of state legislatures.
                    • Unsu...
                       

                      Re: President Signs Hate Crimes Bill

                      Sun, November 1, 2009 - 10:35 AM
                      "...Crime related to one's sexual orientation ranked third in frequency behind race and religion. "

                      This bill covers crime against religion and race hate as well correct?
                      • Re: President Signs Hate Crimes Bill

                        Sun, November 1, 2009 - 11:37 AM
                        Crimes based on religious and race hate were covered in earlier hate crimes legislation. This bill was written to include sexual orentiation and strengthen other parts of that previous law in response to the murders of Matthew Sheppard and James Byrd.
                  • This is the maximum depth. Additional responses will not be threaded.

                    Re: President Signs Hate Crimes Bill

                    Sun, November 1, 2009 - 12:19 PM
                    <Gay-bashing is not an issue. If it was, we'd be hearing about it a lot more in the news since every incident of gay-bashing is covered nationaly.>

                    Oh, you are so full of shit. No, it isn't.

                    One of my cowrokers who happens to be a lesbian was attacked by a guy shouting homophobic slurs and claiming dykes should all be raped on the night before Gay Pride a couple of years ago, in SAN FRANCISCO. didn't even make the local papers, and the guy got off with a pretty light sentence - I think it was like three months in jail and mandatory anger managment therapy after he got out.

                    Righties just love to revel in their ignorance, don't they?
                    • Re: President Signs Hate Crimes Bill

                      Mon, November 2, 2009 - 12:26 AM
                      "One of my cowrokers who happens to be a lesbian was attacked by a guy shouting homophobic slurs and claiming dykes should all be raped on the night before Gay Pride a couple of years ago, in SAN FRANCISCO. didn't even make the local papers, and the guy got off with a pretty light sentence - I think it was like three months in jail and mandatory anger managment therapy after he got out. "

                      Three months in jail for shouting out hate speech? I doubt it. Hate speech is constitutionally protected. He must have done more than you described, otherwise he's got a civil liberties case on his hands.

                      Or do you mean there was a physical attack in addition to the slurs? I was reading it as the verbal assault was the attack.