Statements On Introduced Bills And Joint Resolutions

Floor Speech

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - April 12, 2007)

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Mr. SCHUMER. Mr. President, I am proud to be a co-sponsor of the Local Law Enforcement Hate Crimes Prevention Act of 2007, and I commend my friend and colleague, Senator Kennedy, for his leadership and determination on this issue. We have tried for the better half of a decade to get this legislation passed, signed, and enacted into law. Today represents our strongest effort to date, and it is long past time that crimes based on hate be recognized and criminalized under Federal law. The need for Federal hate crimes legislation has been apparent for years as hate crimes know no State borders and--in part because their impacts often affect the very fabric of our society--they are a problem that affects all Americans.

This act sends the message that we will not tolerate acts of aggression and violence towards targeted communities or individuals who become victims of violence merely for being themselves. Perpetrators of this type of violence will now be subject to Federal prosecution under this act. Before we had to rely on the States to act, and some simply have failed to do enough to stem this type of criminal behavior. This act recognizes that hate crimes have national consequences and are not mere localized occurrences.

Put simply, a hate crime tends to impact an entire community, as opposed to being limited to the victim or the victim's family. It is a crime against a particular group, and must be treated as such. In essence, there are two crimes--one against he victim, and one against the victim's group or community. Some have asked, ``But aren't all crimes based on hate?'' No, they are not. Hate crimes are unique because they cut at the very fabric of our national values; they undermine shared principles like tolerance and equal protection under the law, and in so doing, harm us all. It is the responsibility of the Federal Government to address this issue and arm prosecutors with the tools they need to seek justice, promote order and provide all American with equal protection under the law.

The framework of the Constitution provides a sound basis for our actions today--both the Commerce Clause and the Thirteenth Amendment are implicated by these crimes. The effects of hate crimes do not end at a State's border, but rather transcend those borders. These crimes implicate a citizen's ability to move and travel freely. Additionally, violence based on someone's race, religion, sexual orientation, or the other characteristics noted in the act are reminiscent of the ultimate hate crime--slavery. As such, the 13th Amendment allows for Federal action to remedy this problem. The courts have ruled time and time again that discrimination in housing and discrimination in contractual agreements could be remedied through Federal statutes promulgated under the authority of the Thirteenth Amendment. It matters not what the discrimination is based on, what matters is the, discrimination itself. In an attempt to rid

the last vestiges of slavery from our society, the courts have allowed the 13th Amendment to be the basis of such legislation.

Let us be very clear, we are not criminalizing speech. Violent acts against an African American, a woman, or a Sikh because of who they are do not constitute free expression. Nor are we are criminalizing evil thoughts. We are only criminalizing action--harmful and violent action that cuts against our society and against the very meaning of what it is to be an American. Congress and local law enforcement are not becoming the ``thought-police.'' Rather, we are criminalizing the violent actions of closed-minded and hateful individuals.

In today's society, we see all too frequently violence based on the person's race, religion, sexual orientation, or other characteristics. We must act to address these injustices. This is not about special rights to any particular group. Actually, it is quite the contrary. This is about equal rights. This is about going after those individuals who act on their harmful beliefs. By committing hate crimes, they are attempting to relegate certain people to second-class citizenship. They think they can do this through violence. But they are wrong, and this legislation is a forceful statement that this country will not tolerate this behavior.

The victims of these crimes have done nothing to bring on this violence. Because of these crimes, the victims' communities frequently live in fear. Unfortunately, these crimes are not few and far between. These crimes are all too common, and when committed, they send a shockwave that can be felt across the country. Matthew Shepard and James Byrd are just two of the many thousands of victims of hate crimes whose deaths horrified this country. Additionally, we mustn't forget the thousands of loyal and patriotic Americans, who after 9/11, were attacked by ruthless thugs, all because they ``looked'' like--or were--Muslims or Arab Americans. We saw many of these attacks in New York, and let me say, those attacks were not just a New York problem, they were an American problem. Every State experienced similar violence in the months after 9/11, and that is one reason why Federal legislation is appropriate.

The Act not only makes hate crimes a Federal crime, but it also serves to benefit local police departments as well, considering they are the front line of defense and prevention. This Act delivers much needed financial assistance to local police departments who may be struggling to deal with the crimes. It will also assist them in helping the community which they protect.

The point is, that we should be protecting communities who are targets of this shameful violence, and this Act today marks a great step in that direction. I urge all of my colleagues to vote for this Act and look forward to working with you all to see this Act gets passed and signed into law.

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