On May 3, the House passed, 237-180, the Local Law Enforcement Hate Crimes Prevention Act (H.R. 1592). The House Judiciary Committee approved the measure on April 25 (see The Source, 4/27/07). Prior to the vote on final passage, Rep. Lamar Smith (R-TX) offered a motion to recommit the bill with instructions to include in the definition of hate crimes attacks against individuals at least 65 years of age and current and former members of the military. The motion failed, 189-227.
Sponsored by Rep. John Conyers (D-MI), the measure would authorize $5 million for FY2008 and FY2009 for federal law enforcement assistance in state and local law enforcement investigations and prosecutions of hate crimes. While current hate crimes legislation recognizes attacks motivated by race, color, national origin, or religion, H.R. 1592 would expand the definition of hate crimes to include gender, sexual orientation, gender identity, and disability.
Rep. Smith said, “I oppose this bill, H.R. 1592, for three reasons. First, the bill will result in disproportionate justice for crime victims who do not fall within the categories it contains. Second, it will have a chilling effect on religious freedom and first amendment rights. And third, it is probably unconstitutional and raises significant federalism issues. We can all agree that every violent crime is deplorable, regardless of its motivation. Every violent crime can be devastating not only to the victim, but also to the larger community whose public safety has been violated. That is why all violent crimes must be vigorously prosecuted. However, this bill, no matter how well intended, undermines basic principles of our criminal justice system. Our criminal justice system has been built on the ideal of equal justice for all. Under this bill, justice will no longer be equal, but depend on the race, sex, sexual orientation, disability or status of the victim. It will allow different penalties to be imposed for the same crime. For example, criminals who kill a homosexual or transsexual will be punished more harshly than criminals who kill a police officer, a member of the military, a child, a senior citizen or any other person.”
Rep. Tammy Baldwin (D-WI) said, “[T]he House today has a historic opportunity to expand upon the principles of equal rights and equal protection embodied in our Constitution by passing the Local Law Enforcement Hate Crimes Prevention Act. This Act would offer federal protections for victims of hate crimes targeted because of their race, color, religion, national origin, sexual orientation, gender, gender identity, or disability. These characteristics are included in this hate crimes legislation, not because they deserve any special protection as opponents of this legislation claim, but because of the history of particularly heinous and violent crimes committed against individuals based on such characteristics…The passage of hate crimes legislation is long overdue. This will be critical for both symbolic and substantive reasons. The legal protections are essential to our system of ordered justice and essential for ensuring that those who commit heinous crimes are punished. But on a symbolic basis, it is important for Congress to enunciate clearly that hate-based violence targeting women, gays, lesbians, transgender individuals and people with disabilities will no longer be tolerated.”
