While newspapers, television talk shows and political pundits talked on and on about same sex marriage, the U.S. Senate amended the "Local Law Enforcement Enhancement Act of 2003," commonly known as the Hate Crimes Act.

The current federal law on hate crimes was passed soon after the assassination of Dr. Martin Luther King, Jr. It is now a generation out-of-date, with three significant deficiencies: It does not cover hate crimes based on sexual orientation, gender, or disability. Even in cases of hate crimes based on race, religion, or ethnic background — which it does cover-the law contains excessive restrictions requiring proof that the victims were attacked because they were engaged in certain "federally protected activities." Federally protected activities include exercising the right to vote, attending schools, or using public accommodations or facilities.

S 966 was introduced by Senator Kennedy (D-MA) to correct these restrictions. (There is no counterpart to S 966 in the House of Representatives.) If passed in the House and signed into law by President Bush, local police departments would be authorized by Attorney General Ashcroft to "provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that:

• Constitutes a crime of violence under federal law or a felony under state or Indian tribal law; and
• Is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim, or is a violation of the hate crime laws of the state or tribe. [S 966 also:]
• Directs the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses."

Some localities have argued that they do not have the resources to investigate and track crimes that may have been motivated by hate. If this bill became law, it would extend the existing authorization to these additional categories of gender, sexual orientation, and disability with funding sources. The Attorney General could then award grants to assist state, local, and Indian law enforcement officials with such extraordinary expenses for a wider hate crime victim group. It would direct the Office of Justice Programs (OJP), located in the Department of Justice, to work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed.

OJP award grants are also designed to combat hate crimes committed by juveniles. Hate crime law already prohibits specified offenses involving actual or perceived race, color, religion, national origin. S 966 would add gender, sexual orientation, or disability. It comes as a surprise to many of us that these groups were not already protected by this law.

S 966 requires that information regarding hate crime statistics be collected and published by the Attorney General to include data about crimes that manifest evidence of prejudice against all these groups. Senator Kennedy addressed the President of the Senate as he brought the bill to the floor, and said:

"Mr. President, it's a privilege to join my colleagues in introducing this legislation to combat hate crimes. Hate crimes are a violation of all our country stands for. They send the poisonous message that some Americans deserve to be victimized solely because of who they are. Like acts of terrorism, hate crimes have an impact far greater than the impact on the individual victims. They are crimes against entire communities, against the whole Nation, and against the fundamental ideals on which America was founded. As Attorney General Ashcroft has said, 'Criminal acts of hate run counter to what is best in America - our belief in equality and freedom.'"

Background

Though there was a significant reduction in most violent crimes during the 1990s, the number of hate crimes continued to grow. According to the Federal Bureau of Investigation, 9,730 hate crimes were reported in the United States in 2001, the last year for which statistics are available. That is more than 26 hate crimes a day, every day. More than 83,000 hate crimes have been reported since 1991.

The need for an effective national response is as compelling as ever. Hate crimes against Arabs and Muslims rose dramatically in the weeks following the September 11 terrorist attacks. These hate crimes included murder, beatings, arson, attacks on mosques, shootings, and other assaults. In 2001, anti-Islamic incidents were the second highest-reported type of hate crimes based on religion; second only to anti-Jewish hate crimes. Los Angeles and Chicago reported a massive increase in the number of anti-Arab and anti-Muslim crimes after 9/11.

Hate crimes based on sexual orientation continue to be a serious danger, constituting 14 percent of all hate crimes reported. Each person's life is valuable, and even one life lost is too many. It is not the frequency of hate crimes alone that makes these acts of violence so serious. It is the terror and intimidation they inflict on the victims, their families, their communities, and, in some cases, the entire Nation.

Hate violence substantially affects interstate commerce by impeding the movement of members of targeted groups and forcing such members to move across state lines to escape the incidence or risk of such violence. Fear prevents members of targeted groups from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity. This crime needs to have some federal oversight because perpetrators cross state lines to commit such violence, and channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. Often the instruments that are used in such violence have been taken across state borders.

When dealing with the issue of hatred based on race, the bill states:

"For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th Amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude. Both at the time when the 13th, 14th, and 15th Amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct 'races.' Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th Amendments to the Constitution of the United States."

Senator Kennedy continued:

"Congress cannot sit silent while this hatred spreads. It is long past time for us to do more to end hate-motivated violence. The Local Law Enforcement Enhancement Act will strengthen the ability of Federal, State and local governments to investigate and prosecute these vicious and senseless crimes. Our legislation is supported by over 175 law enforcement, civil rights, civic, and religious organizations."

This Senate bill is designed to close substantial loopholes. It has six principal provisions:

1. It removes the federally protected activity barrier.
2. It adds sexual orientation, gender and disability to the existing categories of race, color, religion, and national origin.
3. It protects state interests with a strict certification procedure that requires the federal government to consult with local officials before bringing a federal case.
4. It offers federal assistance to state and local law enforcement officials to investigate and prosecute crimes in any of the federal categories.
5. It offers training grants for local law enforcement.
6. It amends the Federal Hate Crime Statistics Act to add gender to the existing categories of race, religion, ethnic background, sexual orientation, and disability.

These needed changes in current law will help ensure that the Department of Justice has what it needs to combat the growing problem of hate-motivated violence. Nothing in the bill prohibits or punishes speech, expression, or association in any way, even "hate speech." It addresses only violent actions that result in death or injury. The Supreme Court has ruled repeatedly — and as recently as this year, in the cross-burning decision Virginia v. Black — that a hate crimes statute that considers bias motivation directly connected to a defendant's criminal conduct does not violate the First Amendment. No one has a First Amendment right to commit a crime.

A strong federal role in prosecuting hate crimes is essential, for crimes have an effect far greater than their impact on individual victims. The vast majority of hate crimes will continue to be prosecuted at the state and local level. S 966 establishes an appropriate backup for state and local law enforcement, to deal with hate crimes in cases where states request assistance, or in cases that would not otherwise be effectively investigated and prosecuted.

Working cooperatively, state, local and federal law enforcement officials have the best chance to bring the perpetrators of hate crimes to justice. Federal resources and expertise in the identification and proof of hate crimes can provide valuable assistance to state and local authorities without undermining the traditional role of states in prosecuting crimes. The bill called for the authorization of $5,000,000 for each of fiscal years 2004 and 2005 in order to carry out its enforcement.

Conclusion

In general, whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, or disability of any person shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if death results from the offense; or 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.

Now is the time for Congress to insist that all Americans be guaranteed the equal protection of the laws.

Suggested Action

1. S 966 was introduced on May 1, 2003. You can write the following Members to thank them for introducing this much needed action and urge that they reintroduce the bill in the 109th Congress if no further action takes places in the 108th. The sponsors are Mr. Kennedy, Mr. Specter, Mr. Daschle, Mr. Smith, Mr. Leahy, Ms. Collins, Mr. Lieberman, Ms. Snowe, Mr. Wyden, Mr. Jeffords, Mr. Schumer, Mr. Chafee, Mr. Akaka, Mr. Ensign, Mr. Bayh, Mr. Biden, Mr. Bingaman, Mrs. Boxer, Mr. Breaux, Ms. Cantwell, Mr. Carper, Mrs. Clinton, Mr. Corzine, Mr. Dayton, Mr. Dodd, Mr. Dorgan, Mr. Durbin, Mr. Edwards, Mrs. Feinstein, Mr. Graham of Florida, Mr. Harkin, Mr. Inouye, Mr. Johnson, Mr. Kerry, Ms. Landrieu, Mr. Levin, Mrs. Lincoln, Ms. Mikulski, Mr. Miller, Mrs. Murray, Mr. Nelson of Nebraska, Mr. Nelson of Florida, Mr. Reed, Mr. Reid, Mr. Rockefeller, Mr. Sarbanes, Ms. Stabenow, Mr. Lautenberg, and Mr. Pryor.

2. You can urge your newly elected or re-elected member of the House to co-sponsor a companion to the Senate bill.

3. Hold onto this publication. The bill number may be different in the new Congress but the issue will still be the same. Any letters after January should refer to the name of the bill and not the old number. We will let you know the new number once the reintroduction takes place.

4. Get the study documents entitled:

"When Hate Comes to Town: A Handbook of Effective Community Responses, 2001-2002," Third Edition, Published by the Center for Democratic Renewal, P.O. Box 50469, Atlanta, GA, 20302, (404-221-0025; 404-221-0045) (fax); www.thecdr.org. Cost $19.95 (includes shipping and handling).

"Building Community Among Strangers,"
Presbyterian Distribution Services (PDS)
100 Witherspoon Street
Louisville, KY 40202-1396
(800) 524-2612 (PDS)
PDS# OGA-99-028
Cost $4.00 each, plus shipping.

General Assembly Policy

1998 Statement — PC(USA), pp. 669-670

[The 210th General Assembly (1998) of the Presbyterian Church (U.S.A.)] direct[s] the General Assembly Council to assemble a design team of Presbyterian scholars representing the theological diversity of the PC(USA) to produce and make available to all congregations and governing bodies educational materials and study guides that:

1. Document the extent and nature of hate groups and crimes in the United States;
2. Clearly contrast so-called "Christian Identity" and other hate- group ideologies with historic Christian doctrine and the Reformed tradition; and
3. Give specific guidance to individual Presbyterians, churches, presbyteries, and synods, seeking through education, ecumenical cooperation, and public policy advocacy to counteract in their communities the influence of hate groups and their heretical teachings and violent activities.

1999 Statement — PC(USA), pp. 661- 662

[The 211th General Assembly (1999) of the Presbyterian Church (U.S.A.):]

1. Support[s] federal legislation that provides enhanced penalties for violent crimes motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of the victim.
2. Direct[s] the Washington Office of the Presbyterian Church (U.S.A.) to make passage of such legislation a major priority of their advocacy work.
3. Direct[s] the Stated Clerk to communicate with the Washington Office of the National Council of Churches of Christ, calling upon that office to make passage of such legislation a major priority of their advocacy work.
4. Direct[s] the Stated Clerk to communicate with every state-level ecumenical agency doing advocacy work to which the Presbyterian Church (U.S.A.) is related a concern that they work in their state for the passage of such legislation.
5. Call[s] upon governing bodies, congregations, and individuals in states that do not have hate crime legislation to work for the passage of such legislation.
6. Call[s] upon governing bodies, congregations, and individuals in states that have hate crime legislation to work to ensure that it provides protection for people based upon their actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability.
7. Endorse[s] the "200,000 by 2000" campaign that seeks to gather signatures and endorsements of 200,000 American religious leaders calling for enactment of federal hate crimes legislation by the year 2000.
8. Urge[s] pastors and elected officers and staff members of General Assembly, synods, and presbyteries to consider endorsing and signing the "200,000 by 2000" campaign.
9. Direct[s] the General Assembly Council to create a task force of nine persons, which includes members who are victims of race, color, national origin, religion, sexual orientation, gender or disability, to
   1. study causes of violence against people based on race, color, national origin, religion, sexual orientation, gender or disability;
   2. identify and make available effective programs and resources that address violence against people based on race, color, national origin, religion, sexual orientation, gender or disability;
   3. provide education and training for congregations and governing bodies in the area of preventing violence against people based on race, color, national origin, religion, sexual orientation, gender or disability;
   4. help congregations and governing bodies address the root causes of violence against people based on race, color, national origin, religion, sexual orientation, gender or disability and act against specific incidents of such violence in their communities;
   5. provide progress reports to the 212th General Assembly (2000) and the 213th General Assembly (2001); and
   6. provide a final report to the 214th General Assembly (2002).
10. Direct[s] the Stated Clerk to communicate this action to congregations and governing bodies for study and action.

1999 Statement —PC(USA), p. 60

The 211th General Assembly (1999) approves the following resolution:

1. Commend[s] the Presbytery of Giddings-Lovejoy for urging the General Assembly to draw attention to combating hate crimes.
2. Affirm[s] the work of the Advisory Committee on Social Witness Policy as it develops a resolution on terrorism and hate groups, to be presented to the 212th General Assembly (2000).
3. Continue[s] to support the completion of the ecumenical work, "When Hate Groups Come to Town, A Handbook for Community Responses'" in which the Presbyterian Church (U.S.A.) is a participant and sponsor in the collaboration with the Center for Democratic Renewal.

1999 Statement — PC(USA), p. 620

Introduction written by Elenora Giddings Ivory, with excerpts drawn from S 966.