Local Law Enforcement Hate Crimes Prevention Act of 2009

Floor Speech

LOCAL LAW ENFORCEMENT HATE CRIMES PREVENTION ACT OF 2009 -- (House of Representatives - April 29, 2009)

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Mr. HOYER. I thank the chairman for yielding.

I am pleased to follow the distinguished gentleman who just spoke because what he said was he agrees with the objectives of this legislation. One could argue, I suppose, about the means, but really it is the objective that is the most important, and the objective is to in this country make a statement that violence against individuals because of the group of which they are a member or their nationality or their race or their religion or their sexual orientation, whatever the distinction might be, we in America have said that we believe all people ought to be treated equal.

This legislation, the Local Law Enforcement Hate Crimes Prevention Act, is a powerful statement, I suggest to you, of some of our most important American values, Mr. Kirk spoke of those just a little earlier; tolerance, respect for differences, and accountability for those who are driven to violence by hate.

I disagree with my friend from Illinois when he said perhaps we didn't need this earlier in our history. Yes, we have become more diverse, but in our early history, those whose skin was black were subjected to violence not because of their character, not because of anything they had done, but because of the fact that their skin was black, and because violence was visited against them, all who were similarly situated were put in fear. That is why this crime is different from simply violence animated, as the distinguished ranking member indicated, so many of our crimes are. He is right. But this is a particular character of crime that not only puts the victim at risk, but puts all members of the group to which that victim belongs at risk and at fear.

This bill allows us to expand the existing Federal hate crimes law, which was enacted nearly 40 years ago, and, as was pointed out, was signed by one of our previous Republican presidents. Under existing law, Federal jurisdiction over hate crime is limited to those acts directed at individuals on the basis of race, religion, color or national origin, and only when the victim is targeted because he or she is engaged in a federally protected activity, such as voting.

My friends, if America stands for anything, it stands for equality under the law; of inclusion; of not making arbitrary and capricious distinctions based on factors other than American citizenship, endowed by their Creator with certain unalienable rights, and among these are life, liberty and the pursuit of happiness.

What hate crimes do is to put that at risk. What hate crimes do is adopt the premise that somehow there are some citizens less than the rest of us because of the group to which they belong.

That is what this bill is all about, the basic fundamental tenet of America that all men and women are created equal. God does not see the distinctions sometimes that we see, arbitrary, capricious, and, yes, tragically sometimes hateful, that then lead to violence and injury and death.

This legislation broadens this provision to cover all violent crimes motivated by race, religion or national origin, as I said. It also expands current law to prohibit the same conduct when motivated on the basis of a victim's gender, sexual orientation, gender identity or disability.

``All men and women.'' No parentheses, ``except ..... '', no comma, ``not these ..... '', no further comma, ``but we don't mean these Americans ..... ''. ``All,'' our Constitution and Declaration of Independence say. The principle is the same. Hate crimes sow fear and division in our communities, no matter what group is targeted.

Expanding the protections of the law responds to the reality in America today. For instance, hate crimes motivated by sexual orientation are almost as equally common as hate crimes motivated by religion. The gentleman from Illinois suggests there are less crimes, and we are pleased about that, but one is too many.

This bill would also allow the Federal Government to provide assistance to State and local law enforcement officials to investigate and prosecute hate crimes. Why? Because it is not simply a local threat. It is a threat to all Americans everywhere in every State if the group to which they belong, the distinction that is made because they are in that group is applied because of that membership. It clarifies the conditions under which such crimes would be federally investigated and prosecuted.

I have spoken to why this legislation is necessary, because hate crimes motivated by race, religion, national origin, gender, sexual orientation and identify or disability not only injure individual victims, as I have said, but also terrorize entire segments of our population and tear at our Nation's social fabric.

That is why this legislation, in my view, is so fundamental to what America is and means to our own citizens and to people around the world. This legislation does not affect, does not affect, does not affect free speech. It is actions, not speech, that is the object of this legislation.

It only seeks to punish violent acts. Enacting these important additions to current law will send a very powerful message. Crimes committed against any American, simply because of who he or she is, are a threat to all Americans and will be dealt with as such.

I urge my colleagues to support this legislation because it embodies the essential American values of tolerance, equality and justice.

I congratulate the chairman for his leadership. I thank the ranking member, notwithstanding his disagreement on this issue, for facilitating this bill coming to the floor.

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