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U.S. Senate plans to pass hate crimes bill as amendment

by: Pam Spaulding

Mon Jun 08, 2009 at 20:30:00 PM EDT


Do you recall the recent discussions about whether the Senate was going to vote on federal hate crimes legislation as a standalone bill or tack it on as an amendment to some non-LGBT specific piece of legislation, such as a defense authorization bill? It would be an opportunity to get individual U.S. senators on the record on a piece of equality legislation.

Mind you, this is supposed to be the bill that should have no difficulty passing because the President and Congressional leadership are behind it. So why the need to bury it? (Washington Blade):

Senate leadership has decided to pass hate crimes legislation as an amendment to another bill instead of a standalone piece of legislation, according to the Human Rights Campaign.

Trevor Thomas, an HRC spokesperson, told the Blade in a statement Monday that the Senate settled on this method of passage.

"We understand that Senate leadership does not believe a hearing or mark up on the bill is necessary and plans to bring it directly to the floor as an amendment to another moving vehicle," he said.

The reason for this? According to an anonymous "Democratic aide," the standalone bill would be open to amendments in the Senate. OK, my first question is -- why can't this aide stand behind his statements without the cloak of anonymity? The damn statement is about a procedural tactic -- own it. The logical follow up, of course, is why do they think the bill is otherwise going to be watered down with amendments? Is Sen. Harry Reid so weak and inffective that he is not able to wrangle the Dems to pass this any other way?

Don't get me wrong, I want the bill to pass. The larger question is about the continued reticence shown by leadership to let a piece of legislation with overwhelming public support stand on its own. Does this mean the sitting Senate doesn't reflect the public that sent them there or that they are jellyfish scared by the right? Do any of these pols really believe they will not be re-elected if they pass an intact, stand-alone federal hate crimes law? If so, we're in for a hell of a spine-free ride on anything else coming down the pike.

***

UPDATE: A well-connected person just passed on to me the following information from an administration source -- and it only confirms weak leadership in the Senate:

1) The fed Hate Crimes bill cannot be passed as a stand alone bill in the Senate -- as in the votes are not there. On f*cking hate crimes, people. With overwhelming public support for passage.

That is mind-blowing and says a lot about the lack of leadership -- why isn't Harry Reid or anyone else asking the public to call their Senators to specifically ask where they stand on the bill, and to put pressure on them? This is outrageous. Republicans know how to muscle up their bible beaters to call, fax and write the Hill to scare the bejesus out of lawmakers to get things done. Why are we not being asked to put some public pressure on? As I said in the post, slapping it onto another bill is not just about getting it passed, but it's about avoiding the exposure of the powerlessness of Reid. This is supposed to be the easy bill, remember.

The admin source is laying the blame at the door of Congress as the roadblock to progress on our issues, specifically the Senate, where again, Harry Reid is the man in the big chair and there aren't the needed votes there for any of our bills.

I'll take that bit of information with a giant grain of salt -- not that what is being said about Congress isn't true --  but that the administration isn't exactly stepping up on its end with the President calling for the public to "call your Congressman, call your Senators because I need them to hear from you because passing this legislation is important." Where is the bully pulpit? If it isn't there for hate crimes, don't look for it on ENDA or DADT.

2) Hate Crimes will definitely not be attached to the Defense Appropriations bill, something speculated in news reports.  The end result is that it could be waiting a while for them to find the "proper" bill to tack it on to.  

Bottom line -- why is the Dem leadership, if this bill in particular is an on-the-agenda item, being treated so passively in terms of generating public support and pressure on senators?

Like I said, if they are this spineless on Hate Crimes, you best believe we're not going to get any ACTIVE support out of these folks on the Hill or in the WH for the bills the right wing actually has serious game plans for -- and I don't just mean pro-LGBT legislation.

Related:
* Sigh. Look at the wrangling over fed hate crimes bill strategy

Pam Spaulding :: U.S. Senate plans to pass hate crimes bill as amendment
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If I understand correctly...
the reason to avoid a process that might engender multiple amendments to the bill would be to get it through faster.  As it stands, Virginia Foxx types could basically bring the hate crimes bill to its knees by tacking on one inane amendment after another as a stalling tactic.  This is less likely to happen, I guess, if the hate crimes bill is attached to something else.

yes, that's the strategy
Of course, this way it's likely to pass fairly quickly. My point is that at some juncture, elected officials need to be on record opposing civil rights legislation and own their votes. Are we going to see Dems try to fold each and every item into something else to avoid putting people on the record? My question is less about strategy than a curiosity about what level of Democratic control is needed for leadership to let a LGBT righs bill stand on its own and, see the inane amendments and who offers them. When will it be time for some political responsibility? If it's not going to happen on this bill, seen as the easiest one to pass, I don't know how much open advocacy we'll ever see when it comes to the more difficult legislation.  

[ Parent ]
Respectfully, who cares?
We know who the wimps are.

They know we know.

They are going to stick to their story, which is 'You Gotta Unnderstan, I Have a Tough District' regardless.

A Democrat over the age of 50 who doesn't just whine about His Tough District is rarer than a virgin at the Folsom St Fair. So?

But wait, there's more!


[ Parent ]
Not just age
You perfectly described Democrat Heath Schuler of Western NC, who I believe is under 50.

He likes to rattle on about his "tough district" when in fact he lives in one of the most liberal districts in the South (Asheville/Buncombe County).  What's worse is that he's enabled by the cowardly sycophants who make up the local party officers.

Shuler voted against the Matthew Shepard Hate Crimes  Act, even though it was a safe Yes vote for him.


[ Parent ]
Unfortunately
it seems to be how the Senate works most of the time.  You always hear about how such & such pol voted against something, except it was because it was attached to something else blah blah blah.  It's too bad the Senate works like this.

On another note, I went through the LGBT rights records of all the Senators and it seemed that almost all the Democrats (with the possible exception of Byrd from WV) had pretty good marks.  Given this history, I'd really like to know as well who's not supporting the hate crimes bill.


[ Parent ]
Geez, Pam, why do you hate the Democrats so much?
Don't you know that we're not to question anything at all that the Gifted Leadership of the Party do?  /sarcasm

# Duty, duty -- honor is, is --
Honor, Creideiki -- alertly
# Shared, is -- Honor #


Just get it done
In a way that saves as much political capital as possible.  We will need political capital for ENDA, which is next on the list.  Only after ENDA will we get action on DADT and later DOMA.

Grandstanding is great, but it's not going to get us equality.


sorry, see my update
They aren't going to spend any of the capital; the folks on the inside don't think we have the votes for ANY of our bills in the U.S. Senate, and aren't willing to ask the public to pressure them either.

So much for grandstanding. They aren't even standing up.


[ Parent ]
are you serious?
If they don't have the votes (did I just read that?) then I defintely want and open debate. Uh, maybe your new Congresswoman (who had absolutely nothing to say about Virginia Foxx, if I remember correctly) could stand up for a change.

I have to double check, but I believe Dick Durbin is one of the sponsors. Roland Burris, on the other hand, is a snake in the grass; I could see him voting down something like this simply for the votes in a Democratic primary.

And where is our fierce advocate? Although it's not all on him in this case, still...


[ Parent ]
Kay Hagan?
Yes, I would love to see if she's willing to step up and publicly support it with gusto right now.

[ Parent ]
Oops, Hagan is a Senator!
My bad! But you got my point.

I'm not big on letter writing, myself (I tend to turn letters into literary exercises) but I will write a letter to Roland Burris and the CBC.


[ Parent ]
Yeah, if this is the best way
to save political capital for the ENDA fight, then get it done.

Though I agree with Pam, I want to know who are the Dems that have been giving lip service to our community but will buckl;e when the chips are down.  


i suspect
that someone will call for a roll call vote when they move to attach this as an amendment.  at that point people will go on record.  if the larger bill passes and none of the amendment supporters gets pilloried at home, they'll be that much more emboldened when something more contentious comes up.

at least, that's how i like to imagine it.  i don't mind this approach if it works.  the shit will hit the fan soon enough with enda or whatever.  nice to get something accomplished without having to defend every inch of gain with blood.  i'm tired of going to the mat just to be allowed to breathe.  if they whole civil rights package could be passed this way, i'd be praising jesus, and i'm not even christian!

Lurleen on Twitter


[ Parent ]
Does anyone know when this (by which I mean the larger bill)
will come up for a vote?

I am not interested in picking up crumbs of compassion thrown from the table of someone who considers himself my master. I want the full menu of rights.  -Archbishop Desmond Tutu


Harry Reid
Reid IS weak and ineffective. Consider this: The Democrats have had a 58 seat majority in the Senate for six months now. A strong Senate Majority Leader would be able to exert enough party discipline to keep all 58 votes in line, leaving him with a free hand to grab two moderate Republicans and break filibusters. Remember when the GOP was in power? Notice how the entire party voted as a bloc on almost everything, so much so that it was considered shocking when one did break ranks like how Hagel did on Iraq? Well, it isn't very shocking when Blue Dog Democrats vote against the Party, because they do it all the time. Its so common that Reid feels paralyzed-even though he is in charge of a damn near filibuster proof majority!

This is part of the reason why so much good legislation passes in the House and then dies in the Senate. the EFCA should already be law by now, as should the Matt Sheppard Act. Neither is, because reid is too spineless to threaten withholding committee assignments from Blue Dogs that can't get with the program.  

My dad was a steelworker
My mom was a kitchen girl
and that's why
I'm a socialist.
-from an old song I used to hum to myself


I've just grown so cynical about the whole thing
The Republicans croon on about small, unobtrusive government, fiscal responsiblity and the right of people to direct their own lives.  When they get in power they explode the size of government, spend money like no one's business and start an obsessive investigation into what goes on in the bedroom between consenting adults.

The Democrats like to croon on about all of the different real problems facing society and promise to bring equality to all, fighting the good fight no matter what.  When in power all they can speak about is how wonderful bipartasinsip is and make excuses as to why they unendingly appease the most extreme of the minority party that is a minority party because even those who believe in what they call conservatism can't stand to be near them any more.

And somewhere along the line I forgot if the word was Demopublican or Repblocrat...  All I know is that what seems to unite both is their ability to completely betray us.


[ Parent ]
Bipartisanship
You're right, it does appear that the word 'bipartisan' is considered almost sacred and holy by the Democrats. Being called bipartisan is something just shy of being canonized.

Well, the decision to let Bush invade Iraq was bipartisan. I guess what we needed back then was a little non-bipartisanship, for someone in that room full of sheep to stand up and say no, we're not going to do this. Feingold did, and he's the one Senator from that era that has anything resembling a spinal column, the rest just rolled over and begged Bush not to call them unpatriotic in front of their constituents.

No, fuck bipartisanship. I want the Democrats to be more partisan, to not cater to the crazies and the greedy bastards. Someone has got to stand up and tell the GOP they are full of shit.

My dad was a steelworker
My mom was a kitchen girl
and that's why
I'm a socialist.
-from an old song I used to hum to myself


[ Parent ]
I don't care,
I just want it to be passed.

Open is the Only Way
This is gotta be open all the way.  Most people are largely ignorant of the process, and in that light most people see amendments in general as one of two things.  Either the amendment is an attempt to be sneaky and pass something corrupt under the radar, or the amendment is a tactic to kill a very good bill.

Part of the fight I like is when we can outsmart anti-equal rights groups.  Going the amendment route is something that would be far too easily used by those who would try and claim that our equal rights efforts are a cover to be oppressive.

Harry Reid is indeed quite the jellyfish.  Always has been.  I should know, he's one of my senators.

Of course when you have someone with that soft of a backbone... then lighting a firestorm under them can be very effective.  I think its pretty clear when you can focus enough people's attention on the right people, things happen.  If we can light the fire and get this started, we can keep the pressure on to keep the bill pure.  If somehow the minority party is able to get an corrupting amendmet we can have our represenitives immediatley kill the bill and reboot it fresh.  

Congress is the people's representative, and it is the definition of their job to have the people they represent light fires under their butts and get them to enact their will.


dear god.
Does this mean the sitting Senate doesn't reflect the public that sent them there or that they are jellyfish scared by the right? Do any of these pols really believe they will not be re-elected if they pass an intact, stand-alone federal hate crimes law? If so, we're in for a hell of a spine-free ride on anything else coming down the pike.

Indeed.

Just wait till they take up health-care reform. And the medical insurance lobby.

Look for Harry Reid et al to be a true tower of Jell-O for us.


if they are shaking in their boots about LGBT legislation
you're right, health care reform is going to kick their asses.

[ Parent ]
We need a strong LGBT leader.
I nominate Pam Spaulding.

An Amendment?
Don't even get me started on this one...

This should be a "stand-alone" bill, as a symbol to Americans and to the LGBTQ community, that the citizens of the United States of America will not stand for ANY hate crime.

The crime here is that the Senate is attempting to pass this as an "amendment" - as opposed to separate legislation.  That is a cowardly act, and I expect they will be called "out" on it - by more than just a few of us.


What will it take?
What more evidence do you need that many Democrats are anti-Gay? Including Obama.

The question is, why? For some, it will be personal homophobia. For others, they see that many of the voters who support them would stay away from the voting booths if they weren't anti-Gay. Whereas those who are pro-Gay would do anything to prevent a GOP candidate coming in, so there's no downside.

Now that the Obama administration has argued before the SCOTUS that there is a compelling governmental interest in retaining DADT, it's not impossible that Obama won't sign an ENDA, even if it does pass. I think it's unlikely he won't sign, but it's on the table now, when it was unthinkable last week.  

There is no situation so complex it can't get even worse


I asked my Senator
Richard Shelby (R, Intheheatofthenight).

He wrote back.

He didn't come up with the usual talking points, but he resurrected one from his segregationist days: it would create a "special class" of people.

Just how do LGBT people not fall under strict scrutiny rules? Does he think Jeebus can cure teh gay?

What a day, what a day for an auto-da-fe


Strict scrutiny is only for a "special class"
Race and alienage gets strict scrutiny, while gender only gets intermediate scrutiny, so sexual orientation doesn't rise to any of those levels in the eyes of constitutional interpretation.

[ Parent ]
No Brass
Harry Reid is a brassless person.  If anyone starts to say fil-- he passes out.  Could be that person might be saying filly or fillibuster, it does not matter.


Pam,
J'aime ma Peau



a question of age
One of the issues I see with the senate is a that far too many had mid-life crises while Reagan was President....and I don't mean the second term.

Just reading some of their Biographies I was a little shocked (but not too shocked) by the number of senators who graduated from college before 1975. No wonder they have problems dealing with technology issues, let alone LGBT issues.

A few of these Senators who have sat there for decades need to give up their positions.
 

Help defend equality, visit One Kalamazoo http://www.onekalamazoo.com/


Tacking Gun Rights onto to the bill apparently
Harry Reid is an embarassment.

This is disgusting!

http://www.huffingtonpost.com/...


I think
the article is saying that was a planned amendment, if it had stood alone, but as an amendment to another bill, it won't have that.

Not that I would have a problem with concealed carry reciprocity. I kind of like the idea, actually. My car has both bumper stickers and a license plate frame that make it clear I'm gay. While I don't think I'll be bashed at home, I do believe the chances go up significantly when I travel through Nevada and Utah. It would be nice to have a way to protect myself while I'm doing it.

Cause any fool knows, a dog needs a home; a shelter from pigs on the wing


[ Parent ]
Thanks for clearing that up
I attempted to read the article, but my 'puter zonked out on me.

[ Parent ]
Harry Reid
I'm a resident of the fine state of Nevada, and let me assure you, Harry Reid doesn't have the backbone, or personal gravitas to lead a horse to water.  I'm continually amazed at how he manages to keep getting elected.

Not being a democrat, I was actually fairly amused at this wet noodle being the President Pro Tem of the US Senate.  That pretty much assured nothing important is gonna get done, especially if there's any risk of Harry actually having to force the issue on it.

(And just let me clarify, I'm not laughing in glee over the inaction on things like DADT, ENDA, etc.   There's just alot of other issues out there, that I don't agree with the Democrats about.)


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