Inside The Law Enforcement Hate Crimes Prevention Act

About the Law Enforcement Hate Crimes Prevention Act/ Matthew Shepard Act: On May 3, 2007, the U.S. House of Representatives passed the Law Enforcement Hate Crimes Prevention Act (LEHCPA) by a vote of 237 to 180. Existing laws give the federal government the authority to prosecute crimes that are based on personal characteristics such as race, color, national origin and religion. The Law Enforcement Hate Crimes Prevention Act would expand the laws to also include violent crimes based on sexual orientation, gender identity, gender and disability as hate crimes. An identical bill, called the Matthew Shepard Act, is being considered in the Senate.

Why We Need LEHCPA/ Matthew Shepard Act: Hate crimes are often more severe than other crimes. Being attacked, beaten, brutalized, murdered or harmed in any way based on who and what you are should never be tolerated.

Racial hate crimes leading up to the civil rights movement prompted federal legislation to help deter and prevent such acts. However, these law enforcement "definitions" of what makes a crime a hate crime have not been expanded since 1968. The need for the inclusion of sexual orientation and gender identity in hate crime legislation has become more apparent given the continual increase in gay-based violence.

The public agrees. Polls show that 73% of Americans support hate crime legislation, including protection based on sexual orientation (Kaiser Family Foundation - Nov. 2001) and according to Lake Snell Perry & Associates, 68% support hate crimes protections for transgender people.

Including sexual orientation and gender identity in hate crime legislation ensures lgbt people have the same basic rights to protection against discrimination currently given to other citizens on the basis of race, color, religion, sex, or national origin. Hate crime legislation increases the severity of criminal punishments and helps deter anti-gay violence and discrimination based on sexual orientation and gender identity in employment, housing and other areas.

Hate Crime Statistics: According to last reported FBI hate crime statistics there were 7,163 reported hate crimes in 2005. 14.2 percent of which were based on sexual orientation. The agency does not collect data on crimes based on gender identity, but this community is perhaps more affected by violent crime. Current hate crimes laws do not include sexual orientation, gender identity, gender or disability. Many hate crimes also go unreported. (more hate crime statistics)

Avoiding Hate Crimes: Unfortunately, hate crimes and random acts of violence can't always be predicted or prevented, but there are few things you can do to try and avoid a hate crime.

Opposition to LEHCPA/ Matthew Shepard Act: President Bush has been called on by several religious groups to veto LEHCPA/ Matthew Shepard Act should it gain full legislative approval. The New York Blade reports Rev. Louis Sheldon, chair of the Traditional Values Coalition as saying, "This so-called hate crimes bill begins to lay the legal foundation and framework to investigate, prosecute and persecute pastors, business owners and anyone else whose actions are based upon, and reflect, the truths found in the Bible."

Gay Rights Response: Human Rights Campaign President Joe Solmonese responded: "Today, legislators sided with the 73 percent of the American people who support the expansion of hate crimes laws to include sexual orientation and gender identity." And in direct response to anti-gay religious sentiment Solmonese suggested, "They have nothing to fear. Even after the hate crimes legislation is passed, the religious right will have the federally protected right to preach hatred from the pulpit."

Status of LEHCPA/ Matthew Shepard Act: Follow LEHCPA (H.R. 1592) and the Matthew Shepard Act (S. 1105) through the legislative approval process.