Local Law Enforcement Hate Crimes Prevention Act Of 2007

Floor Speech

LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION ACT OF 2007 -- (House of Representatives - May 03, 2007)

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Ms. BALDWIN. Mr. Speaker, the 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. That's what warrants this inclusion.

I wanted to share several stories about why this legislation is so important. I only have time for one. Let us never forget the story of Matthew Shepard, who was brutally attacked by his hateful, homophobic assailants and left to die on a fence in a remote area of Wyoming.

Matthew's death generated international outrage by exposing the violent nature of hate crimes and its horrific effect on the entire targeted commune. The sponsors of the Senate hate crimes legislation have renamed the bill the Matthew Shepard Act. Today we have been joined by Matthew's mother, Judy Shepard and a lead investigator in this case, David O'Malley, who are still courageously advocating for the passage of this legislation more than 8 years after Matthew's death.

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.

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Mr. Speaker, I want to thank Chairman CONYERS, Chairman SCOTT, and the staff of the Judiciary Committee for their diligent work in bringing the bill to the floor.

Hate crimes are different than other violent crimes because they seek to instill fear into a whole community--be it burning a cross in someone's yard, the burning of a synagogue, or a rash of aggravated batteries of people outside a gay community center. These are crimes motivated by prejudice and meant to send a message to society and others who belong to the same category. This sort of domestic terrorism demands a strong, federal response because this country was founded on the premise that persons should be free to be who they are--without fear of violence.

I want to share with you a few reasons why the passage of this legislation is so urgent and necessary. Last week in Committee, we heard from a very young man, Mr. David Ritcheson, who was brutally beaten last year by two individuals due to his ethnicity as a Mexican-American. Mr. Ritcheson spent the next 3 months and 8 days in the hospital, recovering from severe internal injuries. Yet because the attack took place in a private yard rather than an area of public access, the FBI had no grounds to investigate the attack under existing hate crimes laws.

The story of Brandon Teena also demonstrates the need for this legislation. Dramatized in the movie ``Boys Don't Cry,'' Brandon was raped and later killed after the discovery of his biological gender by two acquaintances. Five days before his murder, Brandon reported his rape and beating by the same perpetrators, but the Richardson County Nebraska Sheriff would not pursue the case against Brandon's attackers.

Let us never forget the story of Matthew Shepard, who was brutally attacked by his hateful homophobic assailants and left to die on a fence in a remote area of Wyoming. Matthew's death generated international outrage by exposing the violent nature of hate crimes and its horrific effect on the targeted community. I remember the impact locally in Wyoming. I was in the midst of my first campaign for Congress in October 1998. Many gay and lesbian youths roughly Matthew's age were working on my campaign. I remember the impact of the crime on them. They were afraid for their safety, and that is precisely the effect these crimes have. The sponsors of the Senate hate crimes legislation have renamed the bill the

Matthew Shepard Act, and today we are joined by Matthew's mother Judy Shepard and the lead investigator in his case David O'Malley, who are still courageously advocating for the passage of this legislation more than 8 years after Matthew's tragic death. Mr. Speaker, the passage of hate crimes legislation is long overdue.

The passage of H.R. 1592 today will be critical for both substantive and symbolic reasons. The legal protections are essential to our system of ordered justice and essential for ensuring that those who commit these heinous crimes are punished ..... but on a symbolic basis, it is important for Congress to enunciate clearly that hate-based violence targeting women, gays and lesbians, transgender individuals, and people with disabilities will no longer be tolerated.

The opponents of this legislation will disseminate a lot of misinformation today in order to derail this bill. But make no mistake, the legislation we are considering today has been carefully crafted to protect an individual's First Amendment right to speech, expression, and association. It also provides much needed federal resources to local law enforcement authorities without usurping local authority. Finally, the bill is fully consistent with Supreme Court precedence on both First Amendment and interstate commerce cases.

Our society is not perfect; the passage of the Local Law Enforcement Hate Crimes Prevention Act will not make all hate crimes go away. H.R. 1592 is about giving state, local, and federal law enforcement authorities the necessary resources and tools to combat violent crimes based on prejudice and intended to terrorize a group of people or an entire community. Such hate crimes are in desperate need of a federal response, and I strongly urge my colleagues to vote in support of this bill.

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