LGBT POV

To get a sense of why this long awaited hate crimes act was named for Matthew Shepard and James Byrd. Jr – visit the Dallas Voices’ excellent piece on the anniversary of the two hate crimes that have now become forever linked. And a personal thanks to the Byrd family for seeing that the lynching of their African American family member and stringing up and beating a white gay boy on a fence in Wyoming are fed by a similar hatred.

Here’s an initial round up of press releases.

From the Shepard Foundation:

Hate Crimes Legislation Heads to President Obama’s Desk

October 22, 2009

Today, the United States Senate took an historic step toward ensuring justice for the victims of hate crimes targeted for violence due to their sexual orientation, gender, gender identity or disability.

“Dennis and I are extremely proud of the Senate for once again passing this historic measure of protection for victims of these brutal crimes,” said Judy Shepard, president of the Matthew Shepard Foundation Board. “Knowing that the president will sign it, unlike his predecessor, has made all the hard work this year to pass it worthwhile. Hate crimes continue to affect far too many Americans who are simply trying to live their lives honestly, and they need to know that their government will protect them from violence, and provide appropriate justice for victims and their families.”

By voting overwhelmingly to extend to these often-targeted Americans our nation’s decades-old bias crime legislation, senators sent the message that hate crimes will not go unpunished, and local governments and law enforcement agencies will not run out of financial resources to provide justice to these victims and their loved ones.

The Matthew Shepard and James Byrd Hate Crimes Prevention Act was attached earlier this year to the annual Defense Department spending bill, and Thursday’s 68-29 Senate vote to approve the final House-Senate compromise on the defense bill now sends this important law enforcement provision to President Obama, who has vowed to sign it.

Under the legislation, federal prosecutors could step in 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.

The act is named to honor Matthew Shepard as well as James Byrd, an African-American resident of Texas brutally dragged to death in 1998 in a notorious hate crime. Matthew’s parents Dennis and Judy Shepard have campaigned for the legislation’s passage for more than a decade since their son’s murder in Laramie, Wyoming, in 1998 in an anti-gay hate crime.

The Matthew Shepard Foundation applauds Congress and President Obama for their steady and successful efforts throughout 2009 to bring the legislation to this point. We eagerly anticipate its final enactment and wish to thank the countless organizations and individuals who have worked tirelessly for its passage.

HRC just issued this press release:

The Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender (LGBT) civil rights organization, praised the U.S. Senate today for passing the conference report for the FY 2010 Defense Authorization bill by a vote of 68 to 29, sending critical hate crimes legislation to the President’s desk.  The U.S. House on October 8 successfully passed the conference report including the hate crimes provision.  In July, the Senate voted to attach the Matthew Shepard Hate Crimes Prevention Act to the Defense Authorization measure.  President Barack Obama has repeatedly pledged to sign the bill when it reaches his desk.  For a retrospective of hate crimes advocacy visit: www.LoveConquersHate.org.

“We’re in the home stretch.  This critical piece of legislation is on its way to the President’s desk for his signature,” said Human Rights Campaign President Joe Solmonese.  “We look forward to President Obama signing it into law; our nation’s first major piece of civil rights legislation for lesbian, gay, bisexual and transgender people.  Too many in our community have been devastated by hate violence.  We now can begin the important steps to erasing hate in our country.”

The Defense Authorization conference report removed a provision adopted in the Senate which would make the death penalty available for hate crimes.  In addition, the hate crimes provision has been renamed “The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act,” honoring the memory of another victim of hate violence – in the same year as Matthew Shepard – an African-American man who was dragged to death in Jasper, Texas.

We applaud the leadership of our Senate allies, particularly Senate Majority Leader Harry Reid, and Senators Patrick Leahy, Carl Levin, and Susan Collins for ensuring that the hate crimes provision remained part of this authorization bill.  We also recognize the tireless efforts of Senator Ted Kennedy on this issue; a hero for our entire community,” said Solmonese.

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act gives the Justice Department the power to investigate and prosecute bias-motivated violence where the perpetrator has selected the victim because of the person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.

It provides the Justice Department with the ability to aid state and local jurisdictions either by lending assistance or, where local authorities are unwilling or unable, by taking the lead in investigations and prosecutions of violent crime resulting in death or serious bodily injury that were motivated by bias. It also makes grants available to state and local communities to combat violent crimes committed by juveniles, train law enforcement officers, or to assist in state and local investigations and prosecutions of bias motivated crimes.

This legislation was first introduced in the 105th Congress.  Today’s vote was the 14^th and final time there has been a floor vote on this historic legislation.

The Family Equality Council issued this release:

Boston, MA (October 22, 2009)—Today the Senate voted (68-29) to pass the conference report for the FY 2010 Department of Defense Authorization bill, which included the Matthew Shepard Hate Crimes Prevention Act. The Act gives the Department of Justice (DOJ) the power to investigate and prosecute bias-motivated violence by providing the DOJ with jurisdiction over crimes of violence where the perpetrator has selected the victim because of the person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability. The Senate vote comes after House passage (281-146) on October 8, 2009. Recent polls show that majorities of every major subgroup of the electorate support strengthening hate crimes laws to include sexual orientation and gender identity. More than 280 law enforcement, civil rights, civic and religious organizations support the Act.

Statement of Jennifer Chrisler, Executive Director, Family Equality Council:

“Safety at home, at work, and in our communities is a cornerstone of happy, healthy families. LGBT families live in 99% of counties nationwide. We are neighbors, friends, loved ones, family members, workers and community members. Many of us are also parents who want more than anything to keep our children safe and to raise them in a world that finds strength in difference and celebrates diversity. Bias-motivated violence against any individual hurts our entire community. The protections and resources moved forward by Congress will ensure greater safety not just for LGBT people as individuals, but as parents and caregivers.”

From the Gay & Lesbian Victory Fund:

Historic vote sends hate crimes bill to Obama’s desk

Congress has approved the first-ever federal law aimed at protecting LGBT Americans.  The Matthew Shepardand James Byrd, Jr. Hate Crimes Prevention Act, which adds sexual orientation and gender identity to existing federal hate crimes laws, passed today as part of a defense authorization bill.  The legislation now heads to the White House, where President Obama has pledged to sign it.

In the House, where the bill passed earlier, openly gay and lesbian members defended the measure on the floor.  There are no openly LGBT U.S. Senators, but the issue was long championed by the late Sen. Edward Kennedy.

“Our community has long sought this tool to help protect vulnerable Americans from hate-fueled violent attacks.  I’m proud that the openly gay and lesbian members of Congress were there to add their voices to the debate and to speak authentically about the experience of gay and transgender Americans.  I congratulate Judy and Dennis Shepard, who have lobbied so long and so hard for this law, and I thank our colleagues at the Human Rights Campaign and all who contributed to this tremendous victory,” said Chuck Wolfe, president and CEO of the Gay & Lesbian Victory Fund.

The Transgender Law Center sent out this release:

The Transgender Law Center is pleased by the Senate’s passage of the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act.  This federal bill would add gender identity, sexual orientation, gender and disability to the categories already covered by federal hate crimes law.  This bill passed the House of Representatives earlier this month, and today, it was approved by the Senate. President Obama has indicated that he will sign the bill when it reaches his desk.

If signed into law, the Hate Crimes Prevention Act will become the first piece of federal legislation offering specific protections based on sexual orientation and gender identity – marking a historic moment for lesbian, gay, bisexual and transgender Americans.

“Passage of the federal Hate Crimes Prevention Act will be a huge victory for transgender people across the country,” said Masen Davis, Executive Director of the Transgender Law Center.  “We need this federal law to ensure that hate crimes are properly investigated and prosecuted in jurisdictions without specific protections for LGBT people.”

In 2002, Newark CA teenager Gwen Araujo was brutally murdered because of her gender identity.  Her death was the first transgender case to be prosecuted as a hate crime under California’s gender-identity inclusive law.

“It has been 7 years since we lost Gwen to a vicious hate crime,” said Davis. “Transgender people are still victims of hate motivated violence way too often. The Hate Crimes Prevent Act would give the federal government the jurisdiction it needs to get involved.”

The National Gay & Lesbian Task Force :

WASHINGTON, Oct. 22 — The National Gay and Lesbian Task Force Action Fund called today’s Senate passage of federal hate crimes legislation “a milestone for lesbian, gay, bisexual and transgender Americans” and the entire country. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act will help protect people against violence based on sexual orientation, gender identity, race, religion, gender, national origin and disability by extending the federal hate crimes statute. It will provide critical federal resources to state and local agencies to equip local officers with the tools they need to prosecute hate crimes. The House passed the bill Oct. 8. It now moves to President Obama, who has vowed to sign it.

The Task Force has been a key leader in the effort to secure an effective and full government response to hate crimes against lesbian, gay, bisexual and transgender (LGBT) people in the United States, beginning with the launch of its groundbreaking anti-violence project in 1982, up to today’s victory. Get more details here about the Task Force’s longtime work on hate crimes.

“Today’s vote marks a milestone for lesbian, gay, bisexual and transgender Americans. The hate crimes bill now shifts to the president. With his signature, President Obama will usher in a new era — one in which hate-motivated violence against lesbian, gay, bisexual and transgender people will no longer be tolerated. Our country will finally take an unequivocal stand against the bigotry that too often leads to violence against LGBT people, simply for being who they are.

“Americans are hungry for this type of positive change. They do not want to see their LGBT friends, family, neighbors and co-workers subjected to violence simply for living their lives. Laws embody the values of our nation; when this critical legislation becomes law, our nation will — once and for all — send the unmistakable message that it rejects and condemns hate violence against its people.

“We thank all the federal lawmakers who have supported this effort, both today and over the years. We are on the cusp of a new, and better, chapter in America.”

California Sen. Dianne Feinstein:

Washington, D.C. - U.S. Senator Dianne Feinstein, today issued the following statement on the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

The legislation passed as an amendment to the Fiscal Year 2010 Defense Authorization Conference Report by a vote of 68 to 29. The bill now heads to President Obama for his signature.

Following is the statement of Senator Feinstein:

“This is a legislative victory that is long overdue.  The ‘Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act’ will go a long way in deterring crimes against victims targeted solely because of who they are – because of their race, national origin, disability, gender, religion or sexual orientation.

According to the FBI, hate crimes occur at a rate of roughly one for every single hour of every day in the United States. The victims are innocent people who are walking to work, driving home at night, or even sitting in school classrooms.

Hate crimes have a common theme — they leave people terrified, hurt, or worse, dead, and they rip communities apart. And it’s time that the law and punishment reflect that. I am proud that we are one step closer today to giving law enforcement all of the resources they need to investigate, solve, prosecute and punish these horrific crimes.”