Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act passes congress

October 25, 3:29 PMCentral Illinois Gay Issues ExaminerJason Ruel

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(HRC/Online)

The Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act has passed its final hurdle before going to the President for action this week. The Act, which was formerly known as the ‘Matthew Shepard Hate Crimes Prevention Act’, passed the House earlier this year and awaited action by the Senate. The Senate attached the provision to the annual defense bill, and with a 68-29 Senate vote to approve the final House-Senate compromise on the defense bill, it now heads to the President’s desk for signature. It has been announced by the White House that the President intends to sign the bill.

Examining the bill in its entirety, the provisions of the bill will add protections to the hate crimes legislation already on the books to add actual or perceived orientation and gender identity. The law would allow federal prosecutors to “try violent hate-crime cases if local authorities cannot or will not secure an appropriate conviction. It also opens up federal funding for law enforcement to handle the typically high cost of investigation and judicial proceedings in such cases, and would make grants available for training and prevention programs at the local level” (HRC Press release, 10/2009).

The legislation has faced an uphill battle since it was initiated nearly a decade ago by Senator Ted Kennedy after Matthew Shepard, a Wyoming College Student, was brutally beaten and left for dead in an apparent hate crime because he was gay. His death ignited a battle in this country and caused people who never thought of the idea of protecting gay persons to take a side and take action. His mother, Judy Shepard has become the torch of the gay rights movement, and has become the champion of equal rights legislation and education. She is the mother whom most gay people would have loved to have.

The bill does not infringe upon the First-Amendment rights of individuals. The law simply allows for more prosecutorial protections and help in regards to prosecuting individuals who committed crimes against a person simply because of their sexual orientation and gender identity, whether it’s actual or perceived.

Key provisions of the bill will protect people who typically speak out against gay people or equal rights:

(3) CONSTITUTIONAL PROTECTIONS- Nothing in this Act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the First Amendment and peaceful picketing or demonstration. The      Constitution does not protect speech, conduct or activities consisting of planning for, conspiring to commit, or committing an act of violence.

(4) FREE EXPRESSION- Nothing in this Act shall be construed to allow prosecution based solely upon an individual's expression of racial, religious, political, or other beliefs or solely upon an individual's membership in a group advocating or espousing such beliefs. (S. 909: Matthew Shepard Hate Crimes Prevention Act).

This is a great first step in protecting LGBT persons in this country. The next step for the Congress and the President is to pass REAL protections for the everyday person by passing ENDA (Employee Non-discrimination Act). After that, DOMA (Defense of Marriage Act) and DADT (Don’t Ask, Don’t Tell) should be repealed as pledged and promised by President Obama during the campaign. Until all these measures are taken care of, only then are LGBT persons equal.

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