Congress Passes Hate Crimes Legislation to include LGBT, Awaits Obama’s Signature

The US Senate passed legislation Thursday expanding federal hate crimes law to include crimes based on disability, gender, gender identity and sexual orientation.

"I am proud that Congress has come together to show that violence against members of any group because of who they are will not be tolerated in this country," said Senator Patrick Leahy (D-VT), who called the vote.  “Senator Kennedy provided steadfast leadership on this issue for more than a decade, and the Senate’s action today is a testament to his dedication to enacting hate crimes legislation.”

Leahy worked with the late Senator Edward Kennedy to advance the initiative earlier this year.  Extending the hate crimes provision to the LGBT community had been a long-time priority for Senator Kennedy. 

In April Leahy joined Kennedy to introduce the Matthew Shepard Hate Crimes Prevention Act.  The Senate Judiciary Committee, which is chaired by Leahy, held hearings on the legislation in June.  Attorney General Eric Holder testified, and expressed the Obama administration’s strong support for the measure.

During the Senate and House conference on the National Defense Authorization Act, Leahy worked to ensure the act was included in the final version of the defense spending authorization bill. 

To the ire of Republicans, the hate crimes provision was attached to the must-pass $680 billion defense spending bill to guarantee its passage. 

“The inclusion of the controversial language of the hate crimes legislation, which is unrelated to our national defense, is deeply troubling,” said Sen. Jeff Sessions, (R-AL).

Upon Obama’s signature, who has stated he would sign the bill into law, the Matthew Shepard Hate Crimes Prevention Act will become the first pro-LGBT legislation to become federal law in the history of the nation.

"Knowing that the president will sign it, unlike his predecessor, has made all the hard work this year to pass it worthwhile," said Judy Shepard, board president of the Matthew Shepard Foundation named for her son. "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."

Social conservatives argued that the hate crimes bill was in violation of the First Amendment, and a step toward a larger gay-rights agenda they strongly oppose.

"Expanding hate crimes puts America in lock step with the stated agenda of homosexual activists who will turn next to the so-called Employment Non-discrimination Act, followed by the repeal of the ban on homosexuality in the military and then the Defense of Marriage Act.," the Family Research Council warned on its Web site.

The measure was approved by the House earlier this month.  It will now be sent to President Obama to be signed into law.

President Bush threatened to veto a similar measure during his administration.

More than half of reported hate crimes are motivated by racial bias.  The next most frequent are crimes based on religious bias (18%) and sexual orientation (16%), according to the FBI.

More than 77,000 hate-crime incidents were reported by the FBI between 1998 and 2007.