Hate Crime Legislation

Most members understand that the YWCA Greater Newburyport is connected to YWCAs across the country and the world.  Less understood are the implications of this affiliation with the world’s oldest and largest multi-cultural women’s organization. 

By working together throughout the country, YWCAs are able to pool their collective strength to promote legislation and ideas that support its mission to eliminate racism and empower women.  In 2004, the YWCA USA articulated eight public policy priorities around which local affiliates can work together.  One of these priorities concerns the prevention and prosecution of hate crimes.

According to the FBI “A hate crime, also known as a bias crime, is a criminal offense committed against a person, property, or society which is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.” 

Hate crimes are differentiated from other forms of violent crimes because the violence is directed not only toward the individual victim but also on the group of whom the victim is one member. 

In order to be determined a hate crime, a person must first be found guilty of a violent crime.  Next it must be demonstrated that the perpetrator was motivated by hatred of the protected class listed in the law and it must be shown that the victim was covered by the scope of the law.

Because the crime is directed first toward the victim and second toward a larger group, hate crime legislation attempts to increase the length of prison time based on the premise that the crime affects more than just the individual victim.

Hate crime legislation was passed nationally in 1969 to protect individuals based on race, color, religion or national origin while in engaged in specific activities (for instance, voting).  Twenty three states and the District of Columbia have also passed hate crime laws that expand those protected to include individuals based on gender, sexual orientation or disability.  Twenty states have passed hate crime laws that provide protection to the same individuals as the federal law.  Six states have no hate crime laws.

The YWCA USA has supported recent attempts to change the federal hate crime statute.  Proposed changes would expand those individuals protected by the law based upon gender, sexual orientation and disability.  It would eliminate the requirement that the victim be engaged in one of six specific activities. 

Hate crime legislation, however, is not universally supported.  Those opposed to the legislation cite the following points:

• It is unnecessary as all the actions described are already illegal and covered through existing laws.
• It is unfair as it provides additional punishment when crimes are committed against people of a certain protected class.
• It is a political vehicle for gay rights activists.
• It would increase federal involvement in local prosecution.
• It would infringe on freedom of speech.

In 2007, the House of Representatives voted to approve the Local Law Enforcement Hate Crimes Prevention Act of 2007 Bill # H.R.1592.  However, opposition to the bill led to a threatened veto and the Senate never passed their version.

This year, the House has once again introduced the Local Law Enforcement Hate Crimes Prevention Act of 2009.  Included in the act this year is a provision which states: “Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution” to address the objection raised by opponents concerning free speech.

The YWCA Greater Newburyport joins with YWCAs from across the county in supporting this legislation.  We encourage you to do the same.

Status as of June 1, 2009

House of Representatives: 
On April 29th, 2009 the House of Representatives passed H.R. 1913, An Act to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes passed 249 to 175.

Senate
On April 28th, 2009 Senator Kennedy introduced S.909 The Matthew Shepard Hate Crimes Prevention Act A bill to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.  The bill has been referred to the Committee on the Judiciary.  According to Senator Kennedy’s office, the Department of Justice has been asked to comment on the bill and they have provided some technical language improvements to ensure the bill accomplishes its stated goals.  Senator Kennedy’s office also noted that the major challenge to the bill will be if unrelated amendments are added that are unacceptable to the majority of Senators.

*links to contact page

Much of the information presented here came from the Ontario Consultants on Religious Tolerance.  To view additional material on this subject, click here.

Additional information was gathered from a YWCA sponsored webcast conducted by the Southern Poverty Law Center and presented by Mark Potok, editor of the Intelligence Report.

Senator Kennedy’s Press Release

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