Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act Passes - Reactions

by: Lurleen

Thu Oct 22, 2009 at 17:45:33 PM EDT

Hate Crimes Bill Passes
Historic First Federal Protections of Transgender People

In an historic move, the United States Senate, by a vote of 68 to 29, joined the House of Representatives in passing The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which will be the first federal law to include gender identity and transgender people. Once signed by the President, this law will add sexual orientation, gender identity, gender and disability to the categories included in existing federal hate crimes law and will allow local governments who are unable or unwilling to address hate crimes to receive assistance from the federal government. President Obama has indicated that he will sign the bill into law.

"Transgender people have been waiting so many years for assistance from the federal government in addressing the rampant and disproportional violence that we face," noted Mara Keisling, Executive Director of the National Center for Transgender Equality. "Today we move one step closer to our goal of ending violence motivated by hatred.  Everyone in America deserves to live free of fear and of violence. We know that the dedicated leadership and hard work of Senator Kennedy and Representative Conyers and many other legislators made the passage of this bill possible. Words can't really express our gratitude for their commitment to equality for all people."

In the past, federal law has only mentioned gender identity in a negative context, such as explicitly excluding transgender people from the Americans with Disabilities Act. The passage of the hate crimes bill marks a significant turning point from the days in which the federal government contributed to the oppression of transgender people to today when federal law takes action to protect our lives.

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act will have a number of positive impacts. First, it will help educate law enforcement about the frequent hate violence against transgender people and the need to prevent and appropriately address it.  Second, it will help provide federal expertise and resources when it is needed to overcome a lack of resources or the willful inaction on the part of local and/or state law enforcement.  Third, it will help educate the public that violence against anyone is unacceptable and illegal.

Transgender people continue to be disproportionately targeted for bias motivated violence. Thirteen states and Washington, DC have laws which include transgender people in state hate crimes laws.

Dear Lurleen,

I've got some amazing news!

Today, the Senate passed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.

Now that this bill has passed both the House and the Senate, it's on to President Obama's desk for his signature.

For years, Task Force supporters like you have spoken out, written letters to Congress, and signed thousands and thousands of petitions demanding federal hate crimes protections for LGBT Americans. I'm proud to say that after all your efforts, we are now just a signature away from making these protections a reality.

President Obama has promised to sign this bill into law. When he does, it will usher in a new era, one in which hate-filled violence will no longer be overlooked, undercounted or tolerated.

This is a victory for the Task Force, for LGBT people, and for everyone committed to justice and equality. Together we rejected efforts to protect some but not all by demanding that gender identity be included in the law. And you spoke out - loudly and clearly - against efforts to twist hate crimes protections into an excuse to expand the injustice of the death penalty.

Today, we have taken an important step forward on the march to full equality. We still have a long road ahead of us, but with your continued support and action, and with the unwavering commitment of the LGBT community and straight allies, we will finally create a world where no one will be subjected to violence or any other injustice simply for living their lives, honestly and openly, and being who they are.

Thank you again for standing with us through this fight, and for helping achieve this historic victory.

Sincerely,
Rea Carey, Executive Director
National Gay and Lesbian Task Force

People For the American Way President Michael B. Keegan:

"This is a key victory for the LGBT community and all those concerned with equality across the country. After more than a decade of fighting for equal protection under the law from hate crimes, Congress has affirmed that no one should be forced to live in fear of violence because of who they are.

"Hate crimes legislation has consistently been demonized by the right wing and their allies in Congress. They've said that the bill would punish preachers for speaking out against homosexuality, and religious leaders and their supporters would be jailed. They portrayed the hate crimes legislation as a 'threat to religious liberty,' and spread the lie that churches will be silenced if this bill passed. Today's strong bipartisan vote should put an end to such misrepresentations.

"Each year, thousands of Americans become victims of violent crimes because of their race, religion, sexual orientation, gender, gender identity, and disability. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act will direct important federal resources to help local law enforcement fight violent hate crimes, and authorizes federal law enforcement to step in when locals don't. Today's vote is all the more important because it marks the first time gender identity will receive positive protection in federal law.

The Matthew Shepard Foundation:

"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."

National Jewish Democratic Council's CEO Ira N. Forman:

Today's action by the U.S. Senate is a testament to the strong leadership of our Democratic House and Senate leadership in passing hate crimes legislation - legislation which has been delayed for far too long. The American Jewish community has reached a virtual consensus in supporting hate crime legislation for so many key reasons; most importantly, these despicable actions victimize a much larger community, while fostering intolerance and bigotry.

At a time when the hand of extremist violence can be seen all too frequently, this essential legislation will expand the scope of the federal hate-crimes law and lend a powerful tool to law enforcement to combat hate crimes. NJDC applauds our Senate and House Democratic leaders for addressing this top Jewish community priority, and we look forward to the President signing this bill into law.

Kevin Cathcart, Executive Director of Lambda Legal:

"We anticipate that President Obama will sign the Hate Crimes Prevention Act which will become the first federal law that specifically protects the lesbian, gay, bisexual and transgender community. Years after the tragic murders of Matthew Shepard, Brandon Teena , Sakia Gunn and others our government is finally standing up and saying: No more. This law will send a message that violence motivated by hate will not be tolerated in this country and is a welcome first step towards other critical protections for the lesbian, gay, bisexual and transgender community."

Lambda Legal represented the family and estate of Brandon Teena, a transgender man who was brutally raped and murdered in Nebraska in 1993 (the subject of the movie "Boys Don't Cry") to make sure that the law enforcement officials who had failed Teena were held accountable.

"This law comes too late to provide justice for the victims of violence we have already lost, but it holds the promise of greater safety and respect for LGBT people today and in the future." Cathcart said.

"Now that the Hate Crimes Act has passed adding protections for all members of our community against violence motivated by hate, Congress must also pass an inclusive ENDA to protect us against discrimination on the job. The majority of Americans support workplace protections for lesbians, gay men, bisexuals and transgender people and there is no reason for further delay."

Winnie Stachelberg, Senior Vice President for External Affairs at American Progress:

"Today the United States Senate passed the Matthew Shepard Hate Crimes Prevention Act, turning the page on a dark era for the lesbian, gay, bisexual, and transgender community. I clearly remember the day 11 years ago when I learned that Matthew Shepard had been found beaten and abandoned in rural Wyoming. The murder told gay and lesbian Americans across the country that we were not safe. And the federal government could not help to prosecute this crime. Lack of federal support forced the Laramie Sherriff's Office to furlough five deputies for the Shepard investigation.

"This story repeats itself all too regularly for transgender Americans. A transgender woman named Tyli'a Mack was recently stabbed to death in a likely hate crime this August, blocks away from the Capitol. But once again the federal government was not able to provide assistance.

"Today's vote changes that. It firmly places the federal government on the side of LGBT Americans and sends a clear message that homophobia and transphobia are unacceptable. The bill urges police to take into account the homophobia and transphobia that undergird too many crimes, while giving law enforcement agencies around the country the tools they have asked for to effectively fight these crimes. This assistance is especially critical at a time when police department budgets are already being cut.

"Just as importantly, this bill starts Congress and the White House down the path toward full equality for LGBT Americans. Further progress will require a broad and engaged coalition and plenty of hard work. But I am confident that we can continue to move forward with the support of President Obama and congressional leadership on repealing Don't Ask Don't Tell, protecting LGBT workers from discrimination, and recognizing all our relationships. I look forward to President Barack Obama signing this bill into law next week."