April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11081

Thompson (MS) Vela´ zquez Wexler (1) IN GENERAL.—At the request of a State, SEC. 4. GRANT PROGRAM. Thompson (PA) Visclosky Whitfield local, or tribal law enforcement agency, the At- (a) AUTHORITY TO AWARD GRANTS.—The Of- Thornberry Walden Wilson (OH) torney General may provide technical, forensic, fice of Justice Programs of the Department of Tiahrt Walz Wilson (SC) Justice may award grants, in accordance with Tiberi Wamp prosecutorial, or any other form of assistance in Wittman the criminal investigation or prosecution of any such regulations as the Attorney General may Tierney Wasserman Wolf crime that— prescribe, to State, local, or tribal programs de- Titus Schultz Woolsey (A) constitutes a crime of violence; Tonko Waters Wu signed to combat hate crimes committed by juve- Towns Watson (B) constitutes a felony under the State, local, Yarmuth niles, including programs to train local law en- Tsongas Watt Young (AK) or tribal laws; and forcement officers in identifying, investigating, Turner Waxman Young (FL) (C) is motivated by prejudice based on the ac- prosecuting, and preventing hate crimes. Upton Weiner tual or perceived race, color, religion, national (b) AUTHORIZATION OF APPROPRIATIONS.— Van Hollen Welch origin, gender, sexual orientation, gender iden- There are authorized to be appropriated such NOES—19 tity, or disability of the victim, or is a violation sums as may be necessary to carry out this sec- Blunt Flake Royce of the State, local, or tribal hate crime laws. tion. Broun (GA) Gohmert Scalise (2) PRIORITY.—In providing assistance under SEC. 5. AUTHORIZATION FOR ADDITIONAL PER- Camp Goodlatte Shadegg paragraph (1), the Attorney General shall give SONNEL TO ASSIST STATE, LOCAL, Campbell Graves Stearns priority to crimes committed by offenders who AND TRIBAL LAW ENFORCEMENT. Cassidy Kingston Westmoreland have committed crimes in more than one State There are authorized to be appropriated to the Culberson Pitts and to rural jurisdictions that have difficulty Department of Justice, including the Community Duncan Rogers (KY) covering the extraordinary expenses relating to Relations Service, for fiscal years 2010, 2011, and NOT VOTING—17 the investigation or prosecution of the crime. 2012, such sums as are necessary to increase the Bachus Dicks Paul (b) GRANTS.— number of personnel to prevent and respond to Bishop (GA) Doyle Perriello (1) IN GENERAL.—The Attorney General may alleged violations of section 249 of title 18, Burgess Granger Sessions award grants to State, local, and tribal law en- United States Code, as added by section 7 of this Butterfield Larsen (WA) Smith (NE) forcement agencies for extraordinary expenses Act. Cummings Linder Stark associated with the investigation and prosecu- SEC. 6. PROHIBITION OF CERTAIN HATE CRIME Diaz-Balart, L. Nye tion of hate crimes. ACTS. b 1421 (2) OFFICE OF JUSTICE PROGRAMS.—In imple- (a) IN GENERAL.—Chapter 13 of title 18, menting the grant program under this sub- United States Code, is amended by adding at the So (two-thirds being in the affirma- section, the Office of Justice Programs shall end the following: tive) the rules were suspended and the work closely with grantees to ensure that the ‘‘§ 249. Hate crime acts bill was passed. concerns and needs of all affected parties, in- The result of the vote was announced cluding community groups and schools, colleges, ‘‘(a) IN GENERAL.— and universities, are addressed through the ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER- as above recorded. CEIVED RACE, COLOR, RELIGION, OR NATIONAL OR- A motion to reconsider was laid on local infrastructure developed under the grants. (3) APPLICATION.— IGIN.—Whoever, whether or not acting under the table. (A) IN GENERAL.—Each State, local, or tribal color of law, willfully causes bodily injury to f law enforcement agency that desires a grant any person or, through the use of fire, a fire- arm, a dangerous weapon, or an explosive or in- LOCAL LAW ENFORCEMENT HATE under this subsection shall submit an applica- tion to the Attorney General at such time, in cendiary device, attempts to cause bodily injury CRIMES PREVENTION ACT OF 2009 such manner, and accompanied by or con- to any person, because of the actual or per- Mr. CONYERS. Mr. Speaker, pursu- taining such information as the Attorney Gen- ceived race, color, religion, or national origin of ant to the rule, I call up the bill (H.R. eral shall reasonably require. any person— (B) DATE FOR SUBMISSION.—Applications sub- ‘‘(A) shall be imprisoned not more than 10 1913) to provide Federal assistance to years, fined in accordance with this title, or States, local jurisdictions, and Indian mitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on both; and tribes to prosecute hate crimes, and for a date that the Attorney General shall prescribe. ‘‘(B) shall be imprisoned for any term of years other purposes. (C) REQUIREMENTS.—A State, local, or tribal or for life, fined in accordance with this title, or The Clerk read the title of the bill. law enforcement agency applying for a grant both, if— The SPEAKER pro tempore. Pursu- under this subsection shall— ‘‘(i) death results from the offense; or ant to House Resolution 372, the (i) describe the extraordinary purposes for ‘‘(ii) the offense includes kidnaping or an at- amendment in the nature of a sub- which the grant is needed; tempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or stitute printed in the bill, modified by (ii) certify that the State, local government, or Indian tribe lacks the resources necessary to in- an attempt to kill. the amendment printed in House Re- vestigate or prosecute the hate crime; ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER- port 111–91, is adopted and the bill, as (iii) demonstrate that, in developing a plan to CEIVED RELIGION, NATIONAL ORIGIN, GENDER, amended, is considered read. implement the grant, the State, local, or tribal SEXUAL ORIENTATION, GENDER IDENTITY, OR DIS- The text of the bill, as amended, is as law enforcement agency has consulted and co- ABILITY.— follows: ordinated with nonprofit, nongovernmental vio- ‘‘(A) IN GENERAL.—Whoever, whether or not acting under color of law, in any circumstance H.R. 1913 lence recovery service programs that have expe- rience in providing services to victims of hate described in subparagraph (B), willfully causes Be it enacted by the Senate and House of Rep- crimes; and bodily injury to any person or, through the use resentatives of the United States of America in (iv) certify that any Federal funds received of fire, a firearm, a dangerous weapon, or an Congress assembled, under this subsection will be used to supple- explosive or incendiary device, attempts to cause SECTION 1. SHORT TITLE. ment, not supplant, non-Federal funds that bodily injury to any person, because of the ac- This Act may be cited as the ‘‘Local Law En- would otherwise be available for activities fund- tual or perceived religion, national origin, gen- forcement Hate Crimes Prevention Act of 2009’’. ed under this subsection. der, sexual orientation, gender identity, or dis- SEC. 2. DEFINITION OF HATE CRIME. (4) DEADLINE.—An application for a grant ability of any person— In this Act— under this subsection shall be approved or de- ‘‘(i) shall be imprisoned not more than 10 (1) the term ‘‘crime of violence’’ has the mean- nied by the Attorney General not later than 180 years, fined in accordance with this title, or ing given that term in section 16, title 18, United business days after the date on which the Attor- both; and States Code; ney General receives the application. ‘‘(ii) shall be imprisoned for any term of years (2) the term ‘‘hate crime’’ has the meaning (5) GRANT AMOUNT.—A grant under this sub- or for life, fined in accordance with this title, or given such term in section 280003(a) of the Vio- section shall not exceed $100,000 for any single both, if— lent Crime Control and Law Enforcement Act of jurisdiction in any 1-year period. ‘‘(I) death results from the offense; or 1994 (28 U.S.C. 994 note); and (6) REPORT.—Not later than December 31, ‘‘(II) the offense includes kidnaping or an at- (3) the term ‘‘local’’ means a county, city, 2011, the Attorney General shall submit to Con- tempt to kidnap, aggravated sexual abuse or an town, township, parish, village, or other general gress a report describing the applications sub- attempt to commit aggravated sexual abuse, or purpose political subdivision of a State. mitted for grants under this subsection, the an attempt to kill. SEC. 3. SUPPORT FOR CRIMINAL INVESTIGA- award of such grants, and the purposes for ‘‘(B) CIRCUMSTANCES DESCRIBED.—For pur- TIONS AND PROSECUTIONS BY which the grant amounts were expended. poses of subparagraph (A), the circumstances STATE, LOCAL, AND TRIBAL LAW EN- (7) AUTHORIZATION OF APPROPRIATIONS.— described in this subparagraph are that— FORCEMENT OFFICIALS. There is authorized to be appropriated to carry ‘‘(i) the conduct described in subparagraph (a) ASSISTANCE OTHER THAN FINANCIAL AS- out this subsection $5,000,000 for each of fiscal (A) occurs during the course of, or as the result SISTANCE.— years 2010 and 2011. of, the travel of the defendant or the victim—

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 6333 E:\BR09\H29AP9.000 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 11082 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 29, 2009 ‘‘(I) across a State line or national border; or pression or associations of the defendant may tected activities. What we do is add to ‘‘(II) using a channel, facility, or instrumen- not be introduced as substantive evidence at the current list of group characteris- tality of interstate or foreign commerce; trial, unless the evidence specifically relates to tics deservedly recognized for protec- ‘‘(ii) the defendant uses a channel, facility, or that offense. However, nothing in this section tion, the reason being due to their instrumentality of interstate or foreign com- affects the rules of evidence governing impeach- merce in connection with the conduct described ment of a witness.’’. being well-known targets for bias-based in subparagraph (A); (b) TECHNICAL AND CONFORMING AMEND- violence. So we add new ones that also ‘‘(iii) in connection with the conduct described MENT.—The table of sections at the beginning of clearly belong on the list, and this is in subparagraph (A), the defendant employs a chapter 13 of title 18, United States Code, is after careful scrutiny and hearings on firearm, explosive or incendiary device, or other amended by adding at the end the following this issue—they are sexual orientation, weapon that has traveled in interstate or for- new item: gender, gender identity, and disability. eign commerce; or ‘‘249. Hate crime acts.’’. These crimes of violence are directed ‘‘(iv) the conduct described in subparagraph SEC. 7. SEVERABILITY. not just at those who are directly at- (A)— If any provision of this Act, an amendment tacked; they are targeting the entire ‘‘(I) interferes with commercial or other eco- made by this Act, or the application of such pro- group with the threat of violence. So nomic activity in which the victim is engaged at vision or amendment to any person or cir- the groups in the bill differ from other the time of the conduct; or cumstance is held to be unconstitutional, the re- ‘‘(II) otherwise affects interstate or foreign groups that some have been trying to mainder of this Act, the amendments made by add on—and I understand some of their commerce. this Act, and the application of the provisions of ‘‘(3) ADDITIONAL FEDERAL NEXUS FOR OF- such to any person or circumstance shall not be reasons for that—but which do not FENSE.—Whoever, in the special maritime or ter- affected thereby. share the same kind of history of being ritorial jurisdiction of the United States, or in SEC. 8. RULE OF CONSTRUCTION. targeted over a period of time for hate- Indian country, engages in conduct described in Nothing in this Act, or the amendments made based violence. paragraph (1) or in paragraph (2)(A) (without Our approach is consistent with the regard to whether that conduct occurred in a by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibi- judgment made by the States that have circumstance described in paragraph (2)(B)) hate crimes laws—45 of them. They shall be subject to the same penalties as those tion by, or any activities protected by, the Con- provided for offenses under those paragraphs. stitution. have made the same judgment as we ‘‘(b) CERTIFICATION REQUIREMENT.—No pros- The SPEAKER pro tempore. Debate have made for Federal law, that these ecution of any offense described in this sub- shall not exceed 1 hour and 20 minutes, many other groups should be protected section may be undertaken by the United States, equally divided and controlled by the elsewhere in the law, not in hate except under the certification in writing of the chair and ranking minority member of crimes law. Attorney General, the Deputy Attorney General, the Committee on the Judiciary, each I close by reminding Members that the Associate Attorney General, or any Assist- under Lyndon Johnson in 1968 we first ant Attorney General specially designated by of whom may yield control of blocks of that time. started the hate crimes bill under the the Attorney General that— church arson bill. The President called ‘‘(1) such certifying individual has reasonable The gentleman from Michigan (Mr. cause to believe that the actual or perceived CONYERS) and the gentleman from us into the White House with the gov- race, color, religion, national origin, gender, Texas (Mr. SMITH) each will control 40 ernors of southern States to advise sexual orientation, gender identity, or disability minutes. them that the burning of churches, the of any person was a motivating factor under- The Chair recognizes the gentleman arson, the cross burnings were so out of lying the alleged conduct of the defendant; and from Michigan. control in many States that there was ‘‘(2) such certifying individual has consulted no other remedy except by Federal GENERAL LEAVE with State or local law enforcement officials re- statute. The Federal Government Mr. CONYERS. Mr. Speaker, I ask garding the prosecution and determined that— would have to be authorized to inter- unanimous consent that all Members ‘‘(A) the State does not have jurisdiction or cede where they invited them to do so. does not intend to exercise jurisdiction; have 5 legislative days to revise and ex- From that has grown this bill, based on ‘‘(B) the State has requested that the Federal tend their remarks and include extra- Government assume jurisdiction; law that has been tested in the Su- neous material on the bill under con- preme Court and many other lower ‘‘(C) the State does not object to the Federal sideration. Government assuming jurisdiction; or courts. ‘‘(D) the verdict or sentence obtained pursu- The SPEAKER pro tempore. Is there And so we come before you with a ant to State charges left demonstratively objection to the request of the gen- bill that does not encroach upon the unvindicated the Federal interest in eradicating tleman from Michigan? First Amendment, or the Fourth bias-motivated violence. There was no objection. Amendment, or the part of the Con- ‘‘(c) DEFINITIONS.— Mr. CONYERS. Mr. Speaker, I ask stitution that leaves all other powers ‘‘(1) In this section— unanimous consent to yield control of to the States. I urge your continued ‘‘(A) the term ‘explosive or incendiary device’ 10 minutes of the debate to the gen- has the meaning given such term in section 232 careful consideration of it. tleman from Illinois, Mr. MARK KIRK. I reserve the balance of my time. of this title; The SPEAKER pro tempore. Is there ‘‘(B) the term ‘firearm’ has the meaning given Mr. SMITH of Texas. Mr. Speaker, I such term in section 921(a) of this title; and objection to the request of the gen- yield myself such time as I may con- ‘‘(C) the term ‘State’ includes the District of tleman from Michigan? sume. Columbia, Puerto Rico, and any other territory There was no objection. Mr. Speaker, every year thousands of or possession of the United States. Mr. CONYERS. I yield myself such violent crimes are committed out of ‘‘(2) For the purposes of this chapter, the term time as I may consume. hate, but just as many violent crimes, ‘gender identity’ means actual or perceived gen- Members of the House, the measure if not more, are motivated by some- der-related characteristics. before us enables the Department of thing other than hate—greed, jealousy, ‘‘(d) STATUTE OF LIMITATIONS.— Justice to come to the aid of State and desperation or revenge, just to name a ‘‘(1) OFFENSES NOT RESULTING IN DEATH.—Ex- local law enforcement agencies in in- cept as provided in paragraph (2), no person few. An individual’s motivation for shell be prosecuted, tried, or punished for any vestigating and prosecuting bias-based committing a violent crime is usually offense under this section unless the indictment brutality and helping defer the costs complex and often speculative. for such offense is found, or the information for when they overwhelm State and local Every violent crime is deplorable, re- such offense is instituted, not later than 7 years resources. And when necessary—and if gardless of its motivation. Every vio- after the date on which the offense was com- approved by the highest, Senate-con- lent crime can be devastating, not only mitted. firmed Department officials—it author- to the victim and their family, but also ‘‘(2) DEATH RESULTING OFFENSES.—An indict- izes the Department to step in and to the larger community whose sense ment or information alleging that an offense prosecute at the Federal level. under this section resulted in death may be of safety has been violated. That’s why found or instituted as any time without limita- What we are doing here today is ex- all violent crimes should be vigorously tion. panding existing Federal hate crimes prosecuted. ‘‘(e) RULE OF EVIDENCE.—In a prosecution for law beyond the confines of protecting Unfortunately, this bill undermines an offense under this section, evidence of ex- access to a limited set of specified pro- one of the most basic principles of our

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.000 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11083 criminal justice system—equal justice tionally protected, and violent action, not just big city police departments, for all. Under this bill, justice will no which is not. If we go down this road, but also suburban and rural police de- longer be equal. Justice will now de- where does it end? With speech mon- partments, have what they need to pend on the race, gender, sexual ori- itors and thought police? quickly respond and make sure that a entation, disability or other protected I urge my colleagues to oppose the kind of identity violence that has status of the victim. It will allow dif- bill. plagued so many other countries who ferent penalties to be imposed for the Mr. Speaker, I reserve the balance of may have thought that they were im- same crime. This is the real injustice. my time. mune can never come to our shores. One of the most troublesome aspects Mr. KIRK. Mr. Speaker, I yield my- If this bill in any way tried to inter- of this bill is that it divides America. self 3 minutes. fere with the First Amendment or It divides America by race, again, gen- Mr. Speaker, I rise in support of this other speech of this country, I would der, sexual orientation, disability, or bill and would recognize the work of not support it. But, instead it is di- other status. We should focus on the President Bush 19 years ago when he rected against violent crime, and that opposite, uniting America, not dividing signed the first hate crimes informa- is why I support it. our country. tion bill into law. That law allowed us Mr. SMITH of Texas. Mr. Speaker, I The bill also could have a chilling ef- to collect data showing two hate yield 3 minutes to the gentleman from fect on the words of religious leaders or crimes in my district, 191 in the State Wisconsin (Mr. SENSENBRENNER), a members of religious groups. For ex- of Illinois, and 7,600 in America. former chairman of the Judiciary Com- ample, religious individuals who feel This legislation is backed by the Na- mittee and now the ranking member of strongly about some values may hesi- tional Sheriffs’ Association, the Inter- the Constitution Subcommittee. tate to discuss their personal beliefs national Association of Chiefs of Po- Mr. SENSENBRENNER. Mr. Speak- about homosexuality or gay marriage lice, the National District Attorneys er, I rise in opposition to this bill. The for fear of criminal investigation. Association, and 26 State Attorneys motivation behind this bill is ex- Some of my colleagues on the other General. tremely well-intentioned. We should side claim that the bill protects reli- Much of this bill may not have been punish violent crime. We should punish gious speech. But religious leaders needed in the earlier days of our coun- violent crime where the animus is mo- could still be subjected to criminal in- try when we were, frankly, much less tivated by hate against an individual vestigations and be reluctant to preach diverse. But unlike those earlier times, or against a group because of charac- the teachings of their faith as a result we have now built the freest country teristics that they may have. of this bill. on Earth, with the largest economy But this is the wrong way to go about In addition, the bill itself is probably and also the most diverse population. it. What we should be doing is we unconstitutional and will be struck This bill provides Federal help to should be insisting on sentence en- down by the courts. There is little evi- fight violent crime. It can be impor- hancements for those who are con- dence to support the claim that hate tant, especially to suburban police de- victed of a violent crime, a murder, an crimes impact interstate or foreign partments like Palatine, Illinois, that aggravated battery, a simple battery, commerce, an important consideration could be overwhelmed as two groups an assault. The reason we should do it for any Federal court reviewing the squared off, overwhelming the re- that way is that way we make sure constitutionality of this legislation. sources of a small suburban police de- that those who are guilty of a violent In 2000, the Supreme Court in United partment. crime which is motivated by hate States v. Morrison struck down a pro- While this bill does provide modest against an individual or a group to hibition on gender-motivated violence. Federal support to help preserve order which he belongs gets punished more In that case the court specifically against violent crime, in my heart I severely. warned Congress that the commerce support this bill for a different reason. What can happen under this bill by clause does not extend to ‘‘non- We have witnessed diverse societies in setting up a separate hate crime is that economic, violent criminal conduct’’ other countries crack up and go someone could be indicted for the vio- that does not cross State lines. through much pain and anguish and lent crime and the hate crime simulta- suffering when one group attacks an- neously. At the first trial, the person is b 1430 other simply because of their member- acquitted of the violent crime, and at Nor is the proposed legislation au- ship or identity. the second trial the person is convicted thorized under the 14th and 15th In the United States military, I saw of the hate crime, meaning what the Amendments. Those amendments ex- this most clearly in Bosnia and defendant says during the commission tend only to State action and do not Kosovo. Part of the modern Yugo- of that crime. And that ends up crim- cover the actions of private persons slavia, well-entrenched in Western Eu- inalizing free speech, because the ac- who commit violent crimes. ropean values, they thought their di- tual act of violence the jury deter- While the 13th Amendment reaches verse society would always remain mined that the defendant was not private action such as individual crimi- calm and peaceful with different guilty, but because of what the defend- nal conduct, it is difficult to argue that groups relating to one another. In ant said during the commission of the one’s religion or national origin con- those societies, the arrogance of that crime aimed at the victim, the person stitutes a ‘‘badge’’ or ‘‘incident’’ of idea was laid bare and the countries is convicted of saying that. slavery, the subject of the 13th Amend- cracked up and we saw the darkest part That is where we have the First ment. of the human heart open, only a few Amendment slippery slope. And I think Also this bill purports to federalize hundred miles from the capitals of Eu- if this ever happens, you will find this crimes that are being successfully pros- rope where we draw our own cultural bill declared to be unconstitutional as ecuted by our States and local govern- heritage. It would be the height of ar- a violation of the First Amendment in ments. Furthermore, FBI statistics rogance to say something like this the blink of an eye. show that the incidence of so-called could never happen in the United Now, I know that there are a lot of hate crimes has actually declined and States of America, and it is the job of groups that are strongly in favor of substantially declined over the last 10 this Congress to make sure that never this type of legislation. One of our jobs years. In 2007, for example, of the ap- happens. here in the Congress of the United proximately 17,000 homicides that oc- We see violence in other countries, States, and particularly on the Judici- curred in the U.S., only nine of the like in Mexico, attempt to come across ary Committee, is to make sure that 17,000 murders were determined to be into this country. We see various what we consider and what we ask the motivated by bias. groups try to bring their struggles House of Representatives to pass is This legislation blurs the lines be- from Asia or the Middle East to the well thought out and does not have this tween violent belief, which is constitu- United States. Our job is to make sure glaring gap that I have just described.

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.000 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 11084 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 29, 2009 I would hope that my friends on the geted because he or she is engaged in a ica is and means to our own citizens other side of the aisle who have been federally protected activity, such as and to people around the world. This pushing this legislation would stop and voting. legislation does not affect, does not af- think about what happens to this legis- My friends, if America stands for fect, does not affect free speech. It is lation if a defendant is acquitted of the anything, it stands for equality under actions, not speech, that is the object crime of violence and then convicted the law; of inclusion; of not making ar- of this legislation. bitrary and capricious distinctions for what that person says while com- b 1445 mitting the crime for which he was ac- based on factors other than American quitted. Please think about that and citizenship, endowed by their Creator It only seeks to punish violent acts. come back with sentence enhance- with certain unalienable rights, and Enacting these important additions to ments, because that is the way to deal among these are life, liberty and the current law will send a very powerful with this problem, not this bill. pursuit of happiness. message. Crimes committed against Mr. CONYERS. Mr. Speaker, I am What hate crimes do is to put that at any American, simply because of who pleased to yield 1 minute to the distin- risk. What hate crimes do is adopt the he or she is, are a threat to all Ameri- guished majority leader, himself a premise that somehow there are some cans and will be dealt with as such. longtime member of the bar and a sup- citizens less than the rest of us because I urge my colleagues to support this porter of civil rights, the gentleman of the group to which they belong. legislation because it embodies the es- from Maryland (Mr. HOYER). That is what this bill is all about, the sential American values of tolerance, Mr. HOYER. I thank the chairman basic fundamental tenet of America equality and justice. for yielding. that all men and women are created I congratulate the chairman for his I am pleased to follow the distin- equal. God does not see the distinctions leadership. I thank the ranking mem- guished gentleman who just spoke be- sometimes that we see, arbitrary, ca- ber, notwithstanding his disagreement cause what he said was he agrees with pricious, and, yes, tragically some- on this issue, for facilitating this bill the objectives of this legislation. One times hateful, that then lead to vio- coming to the floor. could argue, I suppose, about the lence and injury and death. Mr. SMITH of Texas. Mr. Speaker, I means, but really it is the objective This legislation broadens this provi- yield 3 minutes to the gentleman from that is the most important, and the ob- sion to cover all violent crimes moti- Virginia (Mr. GOODLATTE), who is the vated by race, religion or national ori- jective is to in this country make a vice ranking member of the Judiciary gin, as I said. It also expands current statement that violence against indi- Committee. law to prohibit the same conduct when viduals because of the group of which Mr. GOODLATTE. Mr. Speaker, we motivated on the basis of a victim’s they are a member or their nationality all agree that every violent crime is gender, sexual orientation, gender or their race or their religion or their deplorable, despicable, regardless of its identity or disability. sexual orientation, whatever the dis- motivation and regardless of who the ‘‘All men and women.’’ No paren- victim is. However, this bill, no matter tinction might be, we in America have theses, ‘‘except . . . ’’, no comma, ‘‘not said that we believe all people ought to how well-intended, undermines basic these . . . ’’, no further comma, ‘‘but principles of our criminal justice sys- be treated equal. we don’t mean these Americans . . . ’’. tem and raises significant constitu- This legislation, the Local Law En- ‘‘All,’’ our Constitution and Declara- tional and federalism concerns. forcement Hate Crimes Prevention Act, tion of Independence say. The principle Under the provisions of H.R. 1913, jus- is a powerful statement, I suggest to is the same. Hate crimes sow fear and tice will no longer be equal but will de- you, of some of our most important division in our communities, no matter pend on the race, sex, sexual orienta- American values, Mr. KIRK spoke of what group is targeted. those just a little earlier; tolerance, re- Expanding the protections of the law tion, disability or other protected sta- spect for differences, and account- responds to the reality in America tus of the victim. In my view, all vic- ability for those who are driven to vio- today. For instance, hate crimes moti- tims should have equal worth in the lence by hate. vated by sexual orientation are almost eyes of the law. I disagree with my friend from Illi- as equally common as hate crimes mo- Why should other groups like senior nois when he said perhaps we didn’t tivated by religion. The gentleman citizens, veterans, children and preg- need this earlier in our history. Yes, we from Illinois suggests there are less nant women not also receive the added have become more diverse, but in our crimes, and we are pleased about that, protections under this bill? early history, those whose skin was but one is too many. The distinguished majority leader black were subjected to violence not This bill would also allow the Federal says that this is not about thought because of their character, not because Government to provide assistance to crime; it’s about conduct. But the fact of anything they had done, but because State and local law enforcement offi- of the matter is that the identical of the fact that their skin was black, cials to investigate and prosecute hate crime, be it a murder, a rape, an as- and because violence was visited crimes. Why? Because it is not simply sault, a battery, whatever it might be, against them, all who were similarly a local threat. It is a threat to all conducted against one of the protected situated were put in fear. That is why Americans everywhere in every State if classes will receive additional pen- this crime is different from simply vio- the group to which they belong, the alties, compared to that pregnant lence animated, as the distinguished distinction that is made because they woman or senior citizen or veteran or ranking member indicated, so many of are in that group is applied because of child, simply based upon the thought our crimes are. He is right. But this is that membership. It clarifies the condi- process of the perpetrator of the crime. a particular character of crime that tions under which such crimes would Every victim is entitled to the same not only puts the victim at risk, but be federally investigated and pros- fair treatment under the law. puts all members of the group to which ecuted. This will have a chilling effect on that victim belongs at risk and at fear. I have spoken to why this legislation citizens’ willingness to speak freely, as This bill allows us to expand the ex- is necessary, because hate crimes moti- citizens will adapt to a new world isting Federal hate crimes law, which vated by race, religion, national origin, where the Federal Government can use was enacted nearly 40 years ago, and, gender, sexual orientation and identify any unpopular statements they make as was pointed out, was signed by one or disability not only injure individual against them in the future. of our previous Republican presidents. victims, as I have said, but also ter- The bill raises the real possibility Under existing law, Federal jurisdic- rorize entire segments of our popu- that religious leaders or members of re- tion over hate crime is limited to those lation and tear at our Nation’s social ligious groups could be criminally acts directed at individuals on the fabric. prosecuted based on their speech or basis of race, religion, color or national That is why this legislation, in my protected activities. No one should be origin, and only when the victim is tar- view, is so fundamental to what Amer- put in fear that their constitutionally

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.000 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11085 protected free speech about controver- Mr. SMITH of Texas. Mr. Speaker, I message and you have the media to do sial issues will be subject to efforts by yield 3 minutes to the gentleman from it, but the weight of all that combined prosecutors attempting to link that Virginia (Mr. FORBES), a member of the can’t do one solitary thing, and that is speech to violent action taken by oth- Judiciary Committee and a former make this piece of legislation right, ers. ranking member of the Crime Sub- and that’s why I’ll vote against it. There is no evidence that States are committee. Mr. CONYERS. I yield 2 minutes to not fully prosecuting violent crimes in- Mr. FORBES. Mr. Speaker, I’m not the chairman of the Constitution Com- volving hate. In fact, 45 States and the going to pound the podium or yell and mittee on the Judiciary Committee, District of Columbia already have spe- scream about this legislation, but I’d JERRY NADLER of New York. cific laws punishing hate crimes. just say to the Speaker that sometimes Mr. NADLER of New York. Mr. I abhor acts of violence against any all the spin that we hear in here about Speaker, this House faces a historic citizen, including crimes motivated by a particular piece of legislation during test. Will we act decisively to deal with bias against certain groups, and I be- debate, or sometimes our getting down some of the most destructive crimes in lieve that such crimes should be pun- into the specifics of the semantics of our society, violent assaults against ished to the fullest extent of the law. the legislation or arguing about what victims who are singled out solely be- However, this legislation gives special the courts say it will or will not do, cause someone doesn’t like who they preferences to certain classes of citi- causes us to do what the average cit- are? Whether committed because of the zens and would create a chilling effect izen at home does not do, and that is to on one of our most cherished constitu- actual or perceived race, color, reli- miss the common sense and the gion, national origin, sexual orienta- tional rights. rightness of a piece of legislation. I urge my colleagues to reject this tion, gender, gender identity or dis- The distinguished majority leader ability of the victim, these violent acts legislation. came to the floor a while ago and stat- Mr. KIRK. I would now like to yield are particularly reprehensible because ed two principles: that all people ought 3 minutes to the gentleman from Lou- they target not just an individual but to be treated equally, and if America isiana (Mr. CAO). an entire group. These crimes do, and Mr. CAO. Mr. Speaker, I rise today in stands for anything, it stands for are often intended to, spread terror support of H.R. 1913, the Local Law En- equality under the law. And that’s among all members of the group. forcement Hate Crimes Act. what this legislation does not do. They’re intended to say to members of The sharp increase in crimes in Orle- Mr. Speaker, just a short time ago a group, don’t be who you are. Don’t go ans and Jefferson Parishes since Hurri- there was a pageant in the United where you’re not wanted. Do not exer- cane Katrina is on the minds of my States, the Miss USA pageant. One of cise your civil rights to be yourself, to constituents in every corner of our dis- the contestants, Ms. California, went speak publicly, to go wherever you trict. Because of this serious matter, I up there, and she was asked a question want. am focused on giving our law enforce- by one of the judges, who is an openly This bill enables the Federal Govern- ment officials the tools they need to gay judge, about her beliefs in mar- ment to intervene, so as to punish such fight crime and return safety to our riage. And she stated what her beliefs crimes and protect the rights of indi- streets. were. That judge lambasted her over viduals and of groups unpopular in All violent criminals must be fully and over again in blogs, calling her the some quarters. prosecuted. Crimes committed against most vile names, spewing out hostility Do not believe the scare tactics. This individuals based upon their actual or and hate, and even made the statement bill does not criminalize thoughts or perceived race, color, religion, national that if she had won, he would have speech. No one will be prosecuted be- origin, gender, sexual orientation, gen- stormed on the stage and snatched the cause of what they say or think. No der identity or disability are particu- tiara off her head. And other bloggers preacher need worry about a sermon. larly insidious. who had his same orientation and, Only crimes of violence are punishable This is a Nation of acceptance, where therefore, were driven to the same ha- under this bill. every individual is protected by the tred of this young girl, had similar The law routinely looks to the moti- Constitution. This promise enables things in their blogs. vation behind a criminal act and treats them to pursue their dreams free of Had he done that, had he done what the more heinous of them differently. persecution and attack. I, as a minor- he said he would do and stormed that Manslaughter is different from pre- ity, am acutely aware of freedoms and stage and pulled that tiara off her head meditated murder, which is different protections offered by the laws of this and had bodily harmed when he did it, from a contract killing. We punish crimes differently if they are terrorist land and what is expected of my fellow there would not have been 1 ounce of acts, defined as violent crimes that citizens. protection under this piece of legisla- The provisions of this bill will assist tion for that young girl. ‘‘appear to be intended to intimidate or prosecutors in enforcing the rights But after he did it, if she had, in re- coerce the civilian population.’’ Existing civil rights laws take a guaranteed by the Constitution. It al- sponse, made a statement back about similar approach. A person who uses the very sexual orientation that had lows law enforcement officials to hold force to interfere with someone’s feder- led him to his hatred and dislike for those committing violent crimes ac- ally protected rights such as voting, her, and if she had responded by slap- countable for their actions. This is working, attending school and the like, what this bill does. ping him or any physical injury, she commits a Federal crime. And that’s What this bill does not do is restrict would have had the potential of a 10- been the law for many years. We treat free speech. Freedom of speech and year Federal piece of legislation com- an act of violence more seriously if the freedom of association guaranteed by ing against her. intent is to deny someone his or her the first amendment are respected by If her father, sitting in the audience, civil rights. the language of this bill. Despite con- had gone on that stage to stop this The only question this bill presents cerns to the contrary, this bill will not kind of hatred and orientation that to Members is whether we believe peo- subject anyone to prosecution of what drove him to have this feeling against ple assaulted violently because of their they think, say or preach. that young girl and he had made a identity deserve Federal protection. Mr. Speaker, I am supporting this statement and he had responded with For many years Congress refused to bill because hate crimes are an assault any kind of physical action, he could adopt antilynching laws. Those were on a person’s dignity and humanity. have had a 10-year Federal piece of leg- not proud times in our Nation’s his- They represent a type of behavior that islation that would have come against tory. We now have the opportunity to has no place in our dignified society, him. do the right thing. I hope we do. and it is our responsibility to enable And, Mr. Speaker, I know you have Mr. SMITH of Texas. Mr. Speaker, I prosecution of these heinous crimes to the votes for this legislation. I know yield 1 minute to the gentleman from the fullest extent of the law. you have the resources to drive the California (Mr. MCCLINTOCK).

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Mr. MCCLINTOCK. Mr. Speaker, it When they were finished, he was dis- cial than others when it comes to being comes down to this: Free societies pun- membered, his arms and legs and head victims of crime, and that ought not to ish acts. Authoritarian regimes punish were left along the bloody road. It was be. opinions and thoughts. this heinous crime that led a State like Mr. CONYERS. Mr. Speaker, I would Now, the supporters of this bill speak Texas to pass its own hate crimes bill. like now to yield 2 minutes to a senior of punishing violent acts, but we al- But yet, hate crimes have gone on member of the Judiciary Committee, ready punish those violent acts, as well since that time, and State legislatures who is also a chairperson of another we should. This measure calls for addi- have noted, why haven’t these cases subcommittee, DEBBIE WASSERMAN tional punishment, not for the violent been tried in this State? SCHULTZ. act, but for the opinion behind the act. This bill will help those instances. Ms. WASSERMAN SCHULTZ. Mr. Before we embarked down this path, Mr. SMITH of Texas. Mr. Speaker, I Speaker, I rise in support of this im- the opinions of the criminal were irrel- yield 3 minutes to the gentleman from portant legislation. evant. It was the act that we pro- Texas (Mr. POE), a former judge and Mr. Speaker, I wonder if our friends scribed, and it was the act that we pun- now the deputy ranking member of the on the other side of the aisle would be ished. Many civil libertarians warned Crime Subcommittee. singing the same offensive tune if we us then that if we place in the hands of Mr. POE of Texas. I thank the gen- were talking about hate crimes based government the ability to define what tleman for yielding. on race or religion. It seems to me that opinions it likes and doesn’t like, and Mr. Speaker, in a courthouse in it is the category of individual that then to punish those opinions on top of Houston, Texas, where I worked 8 years they are offended by rather than the the acts themselves, then we’ve started as a prosecutor and 22 as a judge, there fact that we have hate crimes laws at down a very dangerous and slippery is a statement that says, ‘‘Equal jus- all. slope. tice for all.’’ I guess now we need to We have already heard the powerful That opinion, I think, was clearly il- change that, but to the phrase, ‘‘but story of Matthew Shepard. His mother, lustrated when the committee voted more justice for some.’’ Judy, addressed our caucus this week. down an amendment to include vet- This bill makes some victims more As the Speaker noted, we are all in- erans, for example, under these protec- important than other victims. If some- spired by Judy Shepard’s 10-year quest tions under the hate crimes law. Now, one is in a legislated protected class— to turn her pain and tears into change the supporters of this measure made it as this bill does—and a crime is com- because these cases are tragic and real. very clear that they’re actively in- mitted against them, the defendant is Ryan Skipper was a 25-year-old gay volved in singling out particular opin- treated harsher than if the crime is man from Polk County, Florida. Like ions with special protection and for committed against a victim in a non- Matthew, Ryan’s body was found mur- special prosecution. protected class. This legislation dis- dered and dumped along the side of the Mr. CONYERS. I am pleased now to criminates against victims that are not road about 2 years ago. Ryan’s body recognize a senior member of the House special people. It reminds me of the had been stabbed 20 times and his Judiciary Committee, the gentlelady satire in the book ‘‘Animal Farm’’ throat was slit. His car was found aban- from Texas, SHEILA JACKSON-LEE, for 2 where it says, ‘‘all animals are equal, doned nearby and contained the finger- minutes. but some animals are more equal than prints of his two killers. One of his Ms. JACKSON-LEE of Texas. Mr. others.’’ Likewise, this bill makes killers told the police his conduct was Chairman, let me thank you for your some victims of crime more equal than justified to rebuff unwanted sexual ad- leadership and your persistence, and I others. In my opinion, that denies non- vances. Because there was no hate thank my good friends for this vig- special victims equal protection under crime law with which to charge Ryan’s orous debate. the law, according to the 14th Amend- killer in Florida, only one of Ryan’s I almost don’t know where to start. ment of the Constitution. attackers has been convicted, and that But again, I would like to emphasize to The question is, is it fair to treat was of a lesser charge. my friends and colleagues what this some victims of crime better under our Why do we need a hate crimes law? legislation is about. It is about the as- law than other people who are not spe- Because hate crimes do more than sistance and the ability to help States cial? This bill makes classes of victims; threaten the safety and well-being of in their prosecution of heinous hate first-class victims and second-class vic- individuals. Hate crimes do more than crimes. And, as a very championed cit- tims. inflict incalculable pain and suffering izen of the State of Texas, I hesitate to No question about it, Mr. Speaker, on individual victims. Hate crimes tar- make ourselves a poster child. motive for a crime has always been ad- get groups and terrorize communities. missible in a court of law. In my expe- Left unpunished, hate crimes send pow- b 1500 rience at the courthouse, courts and ju- erful messages of intolerance. Hate But having lived through the heinous ries nail offenders to the wall that crimes leave both the victim and oth- crime of the dismemberment of James commit crimes based upon racial ha- ers in their group feeling isolated, vul- Byrd, I cannot help relating this legis- tred. Perfect example is the example nerable, and unprotected. lation to what is real. that my friend, SHEILA JACKSON-LEE, I am proud to cosponsor this legisla- This will not bring down injustice on just referred to in the Jasper killing. tion again this Congress. I want to a person of faith who chooses to go into Without a hate law in Texas, the indi- commend my colleague, Judiciary their pulpit or stand on a street corner viduals that committed that crime Chairman JOHN CONYERS, and my com- and say that the wrath of the person against that individual, Mr. Byrd, two mittee colleague, TAMMY BALDWIN, for they believe in will come down on of them got the death penalty—and un- their leadership in bringing this issue those who practice lifestyles that they like some States, we execute folks in forward again this year. don’t agree with, or a certain race or Texas—they have been executed, and Let’s announce here and now that we religion. They will go even further by the other person got a life sentence. No will not tolerate this kind of terror in saying the sword of justice, the sword question about it, motive is admissible America. Let’s vow that we will not of the Lord will come down and slay in all crimes in all courtrooms. How- turn a blind eye to hatred and violence you. ever, this legislation is not the answer. in America. And let us pledge to give That is not what this bill is about, It will chill free speech, while making police and prosecutors all the resources but it is about individuals who would some victims less important than oth- they need to stamp out this scourge. attack a person of color—in this in- ers. Mr. Speaker, Matthew Shepard and stance, an African American male—in American law has always punished Ryan Skipper may be gone, but we can the dark of night, tie him to a pickup the act. This law changes that to pun- honor their lives today. I urge my col- truck, and drag his human, alive body ish the thought process of individuals leagues to support this important leg- through the streets of Jasper, Texas. and does make some people more spe- islation.

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11087 Mr. SMITH of Texas. Mr. Speaker, I I urge my colleagues to vote against The SPEAKER pro tempore. The yield 3 minutes to the gentleman from this affront to the Constitution and to time of the gentleman has expired. Utah (Mr. CHAFFETZ), who is a member our Nation’s heritage and traditions of Mr. GOHMERT. I want a clarifica- of the Judiciary Committee and the freedom to think and believe according tion, Mr. Speaker, for a point of order. deputy ranking member of the Court to the dictates of our own conscience. The SPEAKER pro tempore. The gen- Subcommittee. Mr. CONYERS. Mr. Speaker, I am tleman will state his point of order. Mr. CHAFFETZ. Our Founding Fa- pleased to yield 2 minutes to STEVE Mr. GOHMERT. The gentleman said thers asserted the self-evident truth COHEN, a State legislator and lawyer that there was a commandment that all men are created equal. For the for more than 24 years. against bearing false witness, as if that last two centuries, Americans of all Mr. COHEN. Thank you, Chairman is what one does when they say some- backgrounds have worked toward the CONYERS. I appreciate the opportunity one can be prosecuted, and I would ask ideal of ‘‘equal justice for all,’’ but the to speak on this bill of which I am a for a ruling from the Chair on whether majority’s Local Law Enforcement sponsor. that violates the rule of this body. Hate Crimes Prevention Act doesn’t The gentleman who just spoke, who I The SPEAKER pro tempore. The gen- eliminate inequalities in our justice respect, talked about the Founding Fa- tleman has not stated a point of order. Mr. SMITH of Texas. Mr. Speaker, I system; instead, it creates inequalities. thers and what has happened to our yield 3 minutes to the gentleman from It gives special protected status to a country. Well, it is a great country and Texas (Mr. GOHMERT), former judge, small group of individuals based on I love our country, and it was a great and now the ranking member of the their lifestyle choices. It increases country when it was founded. But when Crime Subcommittee. criminal penalties not based on the it was founded, women didn’t have the right to vote and African Americans Mr. GOHMERT. Well, unlike my criminal act itself, but based on the friend from Tennessee, I am not going thoughts and beliefs of the person who weren’t citizens. It takes time to perfect your law and to allege that anyone on the other side committed the act. It requires the gov- to become a more perfect Union, and of this issue is trying to bear false wit- ernment to investigate and scrutinize that is what this law is doing. It is tak- ness. the religious groups and other organi- ing an effort to perfect and make bet- I believe the motivation is good, but zations with which we might freely as- ter our laws to reflect the society we we even heard the majority leader say sociate under the First Amendment. have today and the thinking and the this bill stands for equality under the For these reasons, and a number of mindset that we have and the under- law. I don’t believe he meant to mis- others, I believe this bill is unconstitu- standing of what happens in law. state the truth, but the truth is this tional and must be rejected. If we go all the way back to always bill sets out different classifications In the United States of America, we the Founding Fathers, we would have that are more special than others. can all agree that any violent crime slaves, we would have second-class citi- Someone suggested that perhaps people should be deplored. We all should be zens—which are women—and we would be happy if we just said, I’ll tell equally free from violence, regardless wouldn’t have any rights for anybody you what. If you assault a white male, of our background or beliefs. We all that wasn’t a white male who owned then you just get half the sentence of should expect our government officials property. assaulting someone else. to provide equal protection under the Times have changed, and thank God We want equal justice under the law; law. But this hate crimes bill says they are changing today, Mr. Speaker. that’s what we are supposed to have. I some Americans are more equal than The fact is, this has no effect on any- have a letter here from the National others and deserve special treatment. body that speaks about hate crimes. It Black Church Initiative that was sent And religious leaders and others who doesn’t affect any minister that speaks to Senator LEAHY 2 years ago. It is hold traditional values of morality and from the pulpit. We have had hate signed by one, two, three, four, five, decency should be careful not to speak crimes in this country in State legisla- six, seven—well, I can’t count them all. too vocally about their beliefs or risk tures, and Federal law as well, for dec- There are four pages of names. But the being held accountable for the actions ades, and no preacher or person using first is Anthony Evans, President of of those who might overhear and then the spoken Word has ever been pros- the D.C. Black Church Initiative. But later commit a violent crime. ecuted or charged with a crime, and it says things including, ‘‘The National During our Judiciary Committee never would. Black Church Initiative is a coalition markup of this bill, when it became This law goes further than any law of 16,000 churches.’’ ‘‘We have 18,000 sis- clear that the Democrats planned to ever because it specifically says that ter churches.’’ They are located in vir- report it despite these objections, my no First Amendment rights or rights tually every congressional district in Republican colleagues sponsored guaranteed through freedom of speech America. ‘‘If the U.S. Senate passes amendment after amendment seeking will be abridged or, because of the exer- this bill and thus codifies sexual ori- equal treatment under this bill for sen- cise thereof, have any charge brought entation as a protected legal class, it ior citizens, men and women of the against a person who exercises those will open up a constitutional war be- Armed Services, pregnant women, and rights. Never before has that been in a tween the church and the radical gay unborn children. All were rejected by law that we have had here. community. We know the gay commu- the Democrats. So more rights are given to people, nity plans to use this piece of legisla- It is unbelievable to me that the even though it is unnecessary to give tion to try to legally force the church sponsors of this bill think those who them because there is no problem, it is to recognize their abominable life- have chosen a different personal life- basically simply to guarantee and as- style’’—some very strong statements style should enjoy greater protection sure people, to calm their concerns. there. under the Federal law than those who People talk about people not being I have just received a letter dated have chosen a lifestyle of service to our able to preach against people being April 29 from the United States Com- country—as our men and women in the gay. The fact is they can do it, and the mission on Civil Rights. ‘‘We write military have done—or that they de- fact is the Ten Commandments tell you today to urge you to vote against the serve more protection under the Fed- not to bear false witness. And people proposed Local Law Enforcement Hate eral law than pregnant mothers. who submit that preachers could be ar- Crimes Prevention Act.’’ They said, No violent crime should be condoned, rested for preaching against homosex- ‘‘We believe the bill will do little good and no one on either side of this issue uality, which they do today, that they and a great deal of harm.’’ They say believes it should. But selectively pro- could be arrested, there is a command- some suggest it will only apply to hate tecting some while punishing others ment about that, ‘‘Don’t bear false wit- crimes. But they point out, It is suffi- more severely based on their thoughts ness.’’ This is a good law. cient if he acts because of someone’s and beliefs is unequal, unjust, and un- Mr. GOHMERT. Will the gentleman actual or perceived race, color, reli- American. yield? gion, national origin, gender, sexual

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 11088 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 29, 2009 orientation, gender identity or dis- vestigating and in prosecuting hate horrible acts but that they also threat- ability. Consider, rapists seldom are in- crimes. In this country, 45 States al- en and affect the fundamental rights of different to the gender of their victims. ready have hate crimes legislation on every single one of us. Intolerance and They are virtually always chosen be- the books. Many of these statutes are prejudice are still a part of our world, cause of their gender. A robber might more robust than the current Federal but when the bigotry leads to violence, well steal from women or the disabled. law. this Congress has a responsibility to Why? Because they perceive them to be Matthew Shepard and Angie Zapata stand up and say, ‘‘No more.’’ weaker and more vulnerable. were two victims of hate crimes in my With this bill, we will extend and ex- Moreover, they say, The objective district. I have a duty to their memo- pand on the protections for victims of meaning of the language and consider- ries that I take seriously. hate crimes, for victims of crimes able legal scholarship would certainly Mr. SMITH of Texas. Mr. Speaker, I based on gender, sexual orientation, include these being covered. So all of yield 2 minutes to the gentleman from gender identity, and on disability. All these things would now become Federal Missouri (Mr. AKIN). children and their families must have crimes. Mr. AKIN. Mr. Speaker, there are the freedom to celebrate who they are, two very good reasons to vote ‘‘no’’ on b 1515 and they should be protected under this bill. This bill is called the hate Federal law from personal attacks There is no epidemic. There are fewer crimes bill. based on bigotry. numbers now than 10 years ago. There The first major reason to vote ‘‘no’’ The time has come for Congress to is no nexus. Ryan Skipper and Mat- is that this bill increases hatred in pass this bill in order to send a clear thew Shepard’s cases keep being America. I will say it again. This bill message throughout the world that vi- increases hatred in America. How does brought up. For the defendants in olence and hate are not acceptable. I that happen? It can be easily illus- those cases, I would have been happy to urge my colleagues to join me in pass- trated. Let’s say that you’re a parent have signed an order for death. They ing this legislation. got life. It would not affect them. and that you have a number of children Mr. KIRK. Mr. Speaker, I yield 2 min- but that you don’t give the children The SPEAKER pro tempore. The utes to the gentleman from Delaware equal laws. Some you favor and some time of the gentleman has expired. (Mr. CASTLE). Mr. SMITH of Texas. I yield the gen- you don’t. What quicker formula to Mr. CASTLE. I thank the gentleman create animosity between children? tleman an additional minute. for yielding. This law violates the most basic prin- Mr. GOHMERT. This law would not Mr. Speaker, today, I rise in support ciple of law. Lady Justice is always affect the Matthew Shepard case. It of the Local Law Enforcement Hate supposed to have a blindfold across her would not affect the Ryan Skipper Crimes Prevention Act, H.R. 1913. face because, regardless of who you are case. This legislation will provide needed when you appear before Lady Justice— My friend from Florida brought up assistance to State and local law en- whether you’re black or white, male or the Ryan Skipper case in Florida when forcement agencies, and it will make female, rich or poor, fat or skinny— I was talking in Judiciary and was ask- changes to Federal law to facilitate the Lady Justice does not notice. This bill ing: Is there a case you can give me violates that basic principle. It creates investigation and prosecution of vio- where this would make a difference? animosity by elevating one group over lent, biased-motivated crimes against That case was brought up. We did the another group; thus, it creates hatred. people for no other reason than their research after the hearing. Well, guess This is counter to everything American perceived or actual race, religion, nat- what? Two defendants. One has already law has ever stood for, and it will in- ural origin, sexual orientation, gender, got life plus extra years on top of life. crease hatred in America. For that rea- gender identity or disability. The other is about to go to trial. They son alone, there should be a vote of We must work together to protect all didn’t need a hate crimes law, a Fed- ‘‘no.’’ Americans from hate-motivated vio- eral hate crimes law. A second good reason to vote ‘‘no’’ on lence, which is alarmingly prevalent This divides America. We don’t need this bill is that our courts have a large and so often goes unreported. Such to divide America. Everybody deserves backlog of various cases. Our judges crimes of hate have dramatic impacts equal justice. The gangs who pick their and juries have to take a look at a cer- on individuals, families and commu- victims based on violence against ran- tain set of facts and must determine nities, and they must be subject to dom targets get acquitted under this whether or not somebody did or did not comprehensive Federal law enforce- bill. They get acquitted for acting ran- do something that is specifically ille- ment assistance and prosecution. While domly. gal in the law. This law says that now State and local governments will main- We’ve got to vote ‘‘no’’ on this. we’re going to try and turn them all tain principal responsibility, an ex- Mr. CONYERS. I am pleased to yield into psychologists and have them fig- panded Federal role will help ensure now 1 minute to the gentlewoman from ure out whether the criminals had good the investigation and prosecution of se- Colorado (Ms. MARKEY). attitudes or not when they did the rious forms of hate crimes in cases Ms. MARKEY of Colorado. Mr. crimes. That does not make sense to when local authorities are either un- Speaker, Matthew Shepard died in a waste precious judicial resources in able or are unwilling to do so. hospital less than 5 minutes from my trying to make everybody psycholo- Concerns have been raised that the home in Fort Collins, Colorado. The gists to determine whether or not some measure will impinge free speech. I depth of hate that drives such an act of specially protected class gets a special would like to reiterate that H.R. 1913 violence leaves all of those it touches privilege. applies only to biased-motivated, vio- bereft in the knowledge that such ugli- It’s a good reason, and there are lent crimes, violent actions that result ness can exist on this Earth. many good reasons to vote ‘‘no.’’ in death or bodily injury. It does not Angie Zapata was an 18-year-old Mr. CONYERS. Mr. Speaker, I am restrict speech in any way. In fact, the transgender woman who was brutally pleased now to recognize for 1 minute bill explicitly states, ‘‘Nothing in this murdered in Greeley, Colorado this the gentlewoman from California (Ms. act or the amendments made by this past July. It took a jury just 2 hours to WOOLSEY), who has been the cochair of act shall be construed to prohibit any convict Angie’s killer under Colorado’s the Progressive Caucus for many years. expressive conduct protected from first application of the hate crimes Ms. WOOLSEY. Mr. Speaker, the bill legal prohibition by, or any activities statute earlier this month. before us today, the Local Law En- protected by the free speech or free ex- This bill does not punish speech, forcement Hate Crimes Prevention Act, ercise clause of, the First Amendment thoughts, words or beliefs. It does not is about protecting every member of to the Constitution.’’ even punish hate speech. It punishes our community from violence. H.R. 1913 is supported by virtually actions. It provides State and local au- We understand that hate crimes every major law enforcement organiza- thorities with Federal assistance in in- don’t just affect the victims of these tion in the country as well as by civil

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11089 rights, education, religious, and civic Mr. SCOTT of Virginia. I thank the Unfortunately, propaganda and lies have organizations. I urge my colleagues to gentleman for yielding. prevented the protections that H.R. 1913 pro- join me in supporting the Local Law Mr. Speaker, bias crimes are disturb- poses from becoming law. One such falsehood ingly prevalent and pose a significant is that this bill will eliminate churches’ first Enforcement Hate Crimes Prevention amendment rights; that this legislation will Act today. threat to the full participation of all ‘‘muzzle our pulpits’’ or dictate what we as Mr. SMITH of Texas. Mr. Speaker, I Americans in our democratic society. clergy or religious communities can or can- yield 2 minutes to the gentleman from Despite the deep impact of hate vio- not say. This is not true. In fact, H.R. 1913 Ohio (Mr. JORDAN), who is a member of lence on communities, current law lim- protects freedom of speech and freedom of the Judiciary Committee and who is its Federal jurisdiction over hate religion. It only punishes violent acts like also deputy ranking member of the Ad- crimes to incidents directed against in- assault and murder, not religious beliefs. The law makes clear that it cannot be used ministrative Law Subcommittee. dividuals only on the basis of race, reli- to prohibit any ‘‘expressive conduct’’ or ‘‘ac- Mr. JORDAN of Ohio. I thank the gion, color or national origin and only tivities protected by the Constitution.’’ gentleman for yielding. when the victim is targeted because he The AAMIA is passionate about protecting Mr. Speaker, I appreciate the oppor- or she is engaged in a federally pro- the civil rights of all Americans, especially tunity to speak in opposition to H.R. tected activity, such as voting. Fur- those that protect people who are discrimi- 1913, which unfortunately is being de- ther, the statutes do not permit Fed- nated against because of who they are. Vic- tims of violent hate crimes often come to bated under a closed rule today. eral involvement in a range of cases our churches in search of a safe haven from This bill represents an unconstitu- where crimes are motivated by bias enduring assaults, and they are in need of tional, unprecedented departure from a against the victim’s perceived sexual federal protections. Thus from our houses of deeply rooted American principle of orientation, gender, gender identity or worship to your house of policy, we trust equal justice under the law. Justice disability. that we can count on your support for the should be blind. It should be equal for We need to change the law so that protection of American citizens from violent all Americans. All violent crime is de- the Federal Government will have the hate crimes. Please vote in favor of H.R. 1913. plorable, and it should be punished to authority to be involved in inves- Sincerely, the fullest extent. Crimes that are not tigating and in prosecuting these cases TIMOTHY MCDONALD, aimed at a certain class of people are when the State authorities cannot or Founder and Chair, just as reprehensible as those com- will not do so. African American Ministers In Action. mitted for other reasons; but this bill Mr. Speaker, the bill is narrowly would treat senseless, random violence drawn. It only applies to bias-moti- HATE CRIMES FACT SHEET less harshly than ‘‘hate’’ crimes. vated, violent crime, and it has specific The African American Ministers in Action Justice will depend on whether a vic- protections to ensure that it does not has joined those urging Congress to expand the current federal law to protect victims of tim is a member of a category deemed impinge on public speech, religious ex- hate crimes based on disability, sexual ori- worthy of protection under this bill—a pression or on writing in any way. In entation, gender, or gender identity. As be- list, for the record, that does not in- fact, the only way that expressions lievers who are called to love our neighbors clude the unborn, pregnant women, the could involve the defendant in this as ourselves, we do not support VIOLENCE elderly, and others who are among so- crime is if the language were such that against any human being. ciety’s most vulnerable. it would already qualify as something ABOUT THE LOCAL LAW ENFORCEMENT HATE In fact, during committee markup, I like inciting a riot or other violent CRIMES PREVENTION ACT OF 2009 offered an amendment to add the un- crimes. We support The Local Law Enforcement born to this list. The amendment was Mr. Speaker, law enforcement au- Hate Crimes Prevention Act of 2009 (H.R. thorities and civic leaders have learned 1913) because it does in fact protect individ- ruled nongermane on the outrageous uals against the incidence of VIOLENCE mo- grounds that the unborn are not ‘‘per- that a failure to address the problem of tivated by the actual or perceived race, sons.’’ So much for defending our most bias crime can cause a seemingly iso- color, religion, national origin, gender, sex- defenseless. lated incident to fester into widespread ual orientation, gender identity, or dis- In addition, this bill raises the very tension that can cause damage to the ability of the victim. The legislation also real possibility that religious teachers social fabric of a community. provides strong first amendment protections of every faith could be prosecuted on This problem cuts across party lines, ensuring that the religious liberty and free and so I hope we will pass the bill on a speech rights of pastors, such as ourselves, what they say in the pulpit, on what and others are protected. they preach, by permitting legal action bipartisan basis just as we did last H.R. 1913 is crucial to protecting the rights against anyone who willfully causes an year. of all Americans. This can be accomplished act to be done by another person. It is Washington, DC, April 27, 2009. by strengthening law enforcement and clos- not hard to imagine charges being filed HOUSE OF REPRESENTATIVES, ing loopholes in the current law, and is over- against a pastor if a prosecutor be- Washington, DC. whelmingly supported by the civil rights community, law enforcement, and many reli- lieves that the pastor’s message caused DEAR MEMBER OF CONGRESS: On behalf of thousands of clergy members, pastors, and gious organizations. As we work to secure someone to commit an act of violence. African American community leaders within the rights of women and minorities world- Subjecting pastors’ sermons to pros- our African American Ministers In Action wide, we must also act to secure the rights of ecutorial scrutiny in this way would (AAMIA) network of People For The Amer- all Americans here at home. have a chilling effect on the rights of ican Way, I urge you to support the Local INCIDENCE OF HATE CRIMES all individuals to freely practice their Law Enforcement Hate Crimes Prevention Crimes against people based upon their dis- religion. Act of 2009 (LLEHCPA)—H.R. 1913. ability, sexual orientation, gender, or gender This so-called ‘‘hate crimes bill’’ not As people of color, we are well aware of the identity are all too common. According to only discards the fundamental Amer- hideous nature of race-based violence, and the most recent hate crimes statistics from understand the importance of legislation the FBI (available at http://www.fbi.gov/ucr/ ican legal principle of equal justice; it that protects Americans who are victims of hc2007/index.html), there were 9,535 victims also lays the groundwork to crim- hate crimes. We also are not blind to the fact (defined as persons, businesses, institutions, inalize individuals and groups that that violent hate crimes are motivated not or society as a whole) of hate crimes in 2007. might not share certain values. Crimes just by racism. Knowing this, as clergy mem- Of these, 1,512 were victims of hate crimes committed against one citizen should bers and pastors who affirm the humanity of based on sexual orientation, and 84 were vic- not be punished any more or any less every person, we fully understand and em- tims of hate crimes based on disability. Hate than crimes committed against an- brace the call to advocate for an inclusive crimes legislation seeks to extend federal federal law that will extend protection to hate crimes protections to these and other other. (gender and gender identity) groups of peo- I would urge a ‘‘no’’ vote on this bill. victims of hate crimes based on disability, sexual orientation, gender, or gender iden- ple. Mr. CONYERS. Mr. Speaker, I rise to tity. H.R. 1913 is the bill that will make RELIGIOUS LIBERTY give 2 minutes to the Crime Sub- equal protection under the law for victims of H.R. 1913 protects free speech and religious committee chairman for many years, hate crimes a reality and not just an Amer- liberty. The First Amendment of the Con- BOBBY SCOTT of Virginia. ican dream. stitution will always protect preaching or

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 11090 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 29, 2009 other expressions of religious belief—even New Jersey. We in New Jersey are tent of the law regardless of who the name-calling or expressions of hatred toward proud of the legislation we have en- victim is. a group. This legislation punishes only vio- acted in this regard. Violence based on I urge you to preserve equal justice lent actions that result in death or bodily in- prejudice is a matter of national con- under the law and oppose H.R. 1913. jury. There is strong language in the legislation cern. Federal prosecutors should be Mr. CONYERS. Mr. Speaker, I yield 1 that explicitly says that evidence of expres- empowered to help States. 1 ⁄2 minutes to the distinguished gen- sion or associations that are not specifically Mr. Speaker, on the wall of the na- tleman from New York, ELIOT ENGEL. related to a violent hate crime may not be tional memorial honoring Franklin Mr. ENGEL. Mr. Speaker, I thank used as evidence. Roosevelt, the following words are the distinguished chairman of the Judi- written: ‘‘We must scrupulously guard ciary Committee, my good friend from HATE CRIMES MYTHS OF THE RIGHT the civil rights and civil liberties of all Michigan, for yielding me this time. MYTH: Hate crimes legislation is a threat citizens, whatever their background. And as a proud cosponsor of this bill, I to religious liberty and will ‘‘criminalize We must remember that any oppres- am proud that it’s on the floor today. Christianity’’ by restricting what pastors sion, any injustice, any hatred is a and other religious leaders are able to This bill is a carefully crafted meas- preach. Pastors will be arrested for preach- wedge designed to attack our civiliza- ure that would provide desperately ing against homosexuality. tion.’’ This statement is as true today needed resources to State and local FACT: H.R. 1913 protects freedom of speech as when Franklin Roosevelt spoke it governments for the investigation and and freedom of religion. It only punishes vio- nearly 70 years ago. prosecution of violent crimes based on lent acts like assault and murder, not reli- I urge my colleagues to support this sexual orientation, gender identity and gious beliefs. The law makes clear that it important legislation, and I look for- disability. It is a bill long, long due to cannot be used to prohibit any ‘‘expressive ward to its passage and, I hope, to its add sexual orientation and the others, conduct’’ or ‘‘activities protected by the free signature into law this year. including gender, to the list of hate speech or free exercise clauses of the First Mr. SMITH of Texas. Mr. Speaker, I Amendment.’’ crimes. MYTH: Hate crimes legislation will lead to yield 2 minutes to the gentleman from To my friends on the other side of prosecution for ‘‘thought crimes.’’ Pennsylvania (Mr. PITTS), who is also the aisle who say that we are creating FACT: This legislation does not restrict the chairman of the Values Action a special class, well, by that logic, anybody’s First Amendment rights. The law Team. right now we have race, color, religion doesn’t create something called a ‘‘thought’’ Mr. PITTS. I thank the chairman. and national origin protection. So by crime for a particular group of people. H.R. Mr. Speaker, I rise in opposition to 1913 strengthens law enforcement’s ability to that logic, we should eliminate those H.R. 1913, the hate crimes legislation. as well. It’s ridiculous. fight violent crime—not vigorous debate, not This bill would be more appropriately To those who say, ‘‘Why should we sermons against homosexuality, not hateful termed the ‘‘thought crimes act,’’ as it protect people who have chosen a dif- speech, not the spreading of misinformation seeks to criminalize certain types of that thrives on constitutionally protected ferent personal lifestyle?’’ our gay and thoughts. Our legal structure was es- right-wing television, radio, and blogosphere, lesbian friends don’t choose this life- tablished to punish actions, not not even the infamous ‘‘God hates fags’’ pro- style. They are what they are and they thoughts or beliefs, and this bill would testers. should be protected just like anybody MYTH: Hate crimes legislation gives ‘‘spe- set a dangerous precedent. cial rights’’ to some people. else who has a religion, who has a gen- FACT: Freedom from violence isn’t a ‘‘spe- b 1530 der obviously, color, religion or na- cial right.’’ It’s a human right. No one It will threaten our most basic right tional origin. should be assaulted or killed because of who to free speech established under the This bill does not violate free speech he or she is. First Amendment. Religious groups or First Amendment protections. Noth- H.R. 1913 punishes only violent crimes and who hold certain convictions based on ing in this bill would prohibit the law- the hateful motivation directly related to ful expression of one’s religious beliefs. such crimes. Distinctions like this are com- their faith could, in fact, be targeted mon place in our criminal justice system. by this law. In Sweden, a pastor was This bill only punishes violent crimes For example, the intent of a suspected killer convicted by a trial court and sen- motivated by bias. Congress is saying determines the difference between a first and tenced to jail time for a hate crime clearly, unequivocally, that the people second-degree murder charge. after preaching a sermon that dis- of this country reject and condemn all WHAT CAN YOU DO TO HELP END VIOLENT HATE cussed biblical views of homosexuality. forms of hate violence. That’s why this CRIMES? And in New York, the State hate bill is here. Contact your Representative and Senators crimes laws were used to justify taking Today, we uphold the principles that and tell them that you want all Americans, down billboards on sexual immorality are considered the foundation of Amer- regardless of their race, religion, national that a local pastor had paid to post. ican democracy that all people are cre- origin, age, disability, sexual orientation, This legislation seeks to create cat- ated equal and that all people are enti- gender, or gender identity, to enjoy freedom egories of citizens who are either more tled to equal protection under the law. from violence. Urge them to support hate crimes legislation, such as H.R. 1913, so that or less protected under the law depend- It includes gays and lesbians and in- no American is treated as a second-class cit- ing on what category they fall into. cludes everybody. izen. Sign up for People For the American This framework flies in the face of one Pass this bill. Way action alerts, and we will keep you up- of the most fundamental principles of Mr. SMITH of Texas. Mr. Speaker, I dated on new developments concerning this our justice system. Chiseled in stone yield 4 minutes to the gentleman from issue. across the front of the Supreme Court Iowa (Mr. KING), a member of the Judi- Mr. KIRK. Mr. Speaker, I would like building are the words ‘‘Equal Justice ciary Committee and the ranking to yield 2 minutes to the distinguished Under Law.’’ This means that all citi- member of the Immigration Sub- gentleman from New Jersey (Mr. zens, regardless of sexual identity or committee. LANCE). anything else, are to receive equal pro- Mr. KING of Iowa. I thank the gen- Mr. LANCE. Mr. Speaker, I rise in tection from the law. I support this tleman from Texas for his leadership in support of this bill, which provides basic principle that has long guided our opposition to this issue and for yield- needed assistance to State and local Nation’s system of justice. ing. law enforcement agencies and allows But this bill undermines that prin- The gentleman, the previous speaker, the Department of Justice to inves- ciple. It seeks to establish different just said this bill only punishes violent tigate crimes committed on the basis groups of citizens with different levels crimes. I take you to the language of the victim’s race, color, religion, na- of protection under the law. And the from the bill. Here’s the definition of a tional origin, gender, sexual orienta- bottom line is that this legislation crime of violence. It means an offense tion, gender identity or disability. simply isn’t necessary. that has, as an element, the threatened This legislation mirrors laws passed If someone commits a violent crime, use of force against the property of an- in 28 States, including in the State of they should be punished to the full ex- other. If one threatens to use force

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11091 against the property of another—this is status to people who are actually explicitly recognizes the right of individuals to verbatim from the section that is ref- breaking the law if they act on their be ignorant, narrow-minded, or malicious erenced in the existing code—property particular sexual orientation, or are we whether motivated out of faith, conscience, or crimes are included in this, threats going to limit it to—as the gentlelady generic hatred. This bill will have no effect on against property crimes are included in from Wisconsin says—homosexuality any interpretation of the Bible or religious tra- this. Hate crimes, the definition of and heterosexuality, not bisexuality. dition. They say that they worry there will be hate crimes in the Federal statutes I tried to explain this to the press as a ‘‘chilling effect’’ on religious speech. This is means a crime when the perpetrator se- they asked me questions. And finally nonsense. This bill is about criminal acts, lects property because of the property my answer became, ‘‘If this sounds con- those that are already illegal, and enables law owner’s actual or perceived sexual ori- fusing and gibberish, it is.’’ And it enforcement to carry out responsibilities they entation. leaves it open to any judge, any law- already have under current law. This isn’t just violent crimes. It is in yer, anyone for anything that is in The man whose name is now associated some of the Federal segment of it but their head or might be their plumbing with this bill, Matthew Shepard, was tortured not in the assistance that goes to local or might be in the perception of the and killed because he was gay. This crime governments. And in local govern- perpetrator as well as, and/or, the per- wasn’t about him as an individual, it was about ments it also states in the bill that any ception of the alleged victim. what he represented. Every day there are local jurisdiction’s hate crimes ordi- There is no precedent for this in law, smaller incidences in neighborhoods around nance or legislation can be supported this broad, broad idea that we’re going the country. Individuals are targeted coming by supporting the prosecution of the to punish what is in the head of the out of certain bars, wearing certain clothes, or local hate crimes legislation that’s perpetrator by dividing what may or walking with too much flair. This is a systemic there. may not have been in the head of the problem that requires a systemic approach. And so whatever local jurisdiction victim. That’s where this legislation This bill will go a long way in allowing local may determine is a hate crime is cov- takes us. law enforcement to do their job and providing ered under this bill. It might be a city, Why are they dividing us, Mr. Speak- Federal assistance where it belongs. It is a county, a municipality; it might be a er? about time. parish, it might be a State. It might be I oppose this legislation. Mr. CONYERS. Mr. Speaker, I now San Francisco’s ordinance that says, Mr. CONYERS. Mr. Speaker, would recognize the distinguished gentleman Thou shalt not discriminate against you advise us with regard to how much from Texas (Mr. AL GREEN) for 1 the short, the fat, the tall, or the skin- time remains on both sides? minute. ny. That is hate crimes ordinances that The SPEAKER pro tempore. The gen- Mr. AL GREEN of Texas. Mr. Speak- could be prosecuted with Federal as- tleman from Michigan has 111⁄2 min- er, I rise in support of the Declaration sistance under this bill. The short, the utes. The gentleman from Texas has 81⁄2 of Independence. All persons are cre- fat, the tall, the skinny. That will minutes. The gentleman from Illinois ated equal, endowed by their Creator, cover some regular people, I think. has 11⁄2 minutes. with certain inalienable rights, among And so I would ask this: Why are you Mr. CONYERS. Mr. Speaker, I yield them life, liberty and the pursuit of dividing us? Why are you pitting Amer- for the purpose of a unanimous consent happiness. Not some people, not people icans against Americans? That’s a rhe- request to the gentleman from Penn- of a particular race, not people who torical question, Mr. Speaker. This di- sylvania, CHAKA FATTAH. just happen to be heterosexual; all per- vides us and pits Americans against Mr. FATTAH. Mr. Speaker, I rise in sons are created equal. Americans. And the definitions in this support of the bill. And for the record, I support the bill are broad, ambiguous and unde- Mr. Speaker, I thank the Chairman for the rights of gay people. Gay people have fined anywhere with any consensus, time and for his work on this legislation. The the same rights as any other Ameri- even among the professionals that deal Local Law Enforcement Hate Crimes Preven- cans, and they have the right to pursue with this on a daily basis. tion Act, H.R. 1913, is a long overdue effort to happiness. I support this—the Declara- In the committee, I asked specifi- address the scourge of bias motivated crimes tion of Independence speaks of it—and cally the question, ‘‘What is the defini- in communities across the country. This is not but for the grace of God, we all ought tion for sexual orientation?’’ The an- simply about criminalizing violent acts, those to realize, There go I. Any one of us swer that I got back from the gentle- are already illegal. This is about recognizing could become the victim of a hate lady from Wisconsin was, ‘‘This bill that these crimes affect more than just the in- crime regardless of your race, your only covers homosexuality and hetero- dividual involved, they are meant to instill fear creed, or your color. We should support sexuality.’’ Now it presumably ex- in whole communities. people and the rights of people. cludes bisexuality, but in the rule de- Hate crimes in this country have a terrible For those who say that we are cre- bate, the gentleman from Florida (Mr. history. For decades African Americans, par- ating a separate class of people, we al- HASTINGS) said, ‘‘No, no. Here’s what ticularly those who spoke out for justice and ready have a class that we’ve distin- we have,’’ and he read through a whole equality, were brutally lynched in communities guished in the State of Texas for peace list of philias, he called it. across the country while law enforcement offi- officers. If you assault a police officer, There are 547 specific paraphilias cials and upstanding members of the commu- your punishment is going to be en- that are listed by the American Psy- nity stood by. Murder was illegal then too, but hanced. chological Association. About 30 of it took the brave efforts of citizens, including That is what this is all about: en- them have been read into this RECORD. Ida B. Wells, for the problem to be addressed. hancement of punishment. I’ve got a list of these 30 philias. These murders were meant to send a signal Mr. SMITH of Texas. Mr. Speaker, I Among them pedophilia—the obsession to newly freed men and women and often tar- would like to reserve my time. with children—which specifically was geted veterans returning from war. Mr. CONYERS. Mr. Speaker, I am excluded from the bill when I offered Our Jewish neighbors have been subjected pleased now to recognize the distin- the amendment by the Judiciary Com- to campaigns of terror with property destruc- guished gentlelady from Maryland, an mittee. tion and symbols of hate sprayed across syna- attorney herself, DONNA EDWARDS, for 1 So, Mr. Speaker, we’re going down gogues and community centers. Irish, Italian, minute. the path here of no one really knows. Catholic, Latino, Muslim and Asian Americans Ms. EDWARDS of Maryland. Mr. Am I going to buy into the statement have all seen ‘‘disagreements’’ and ‘‘dis- Speaker, I rise today in strong support made by the very senior member of the pleasure’’ expressed with barbaric crimes of the Matthew Shepard Local Law En- Rules Committee who says I want to meant to convey the message that they were forcement Hate Crimes Prevention Act protect all philias whatsoever no mat- unwelcome in this nation of immigrants. of 2009, H.R. 1913. ter what the proclivity? And many of Opponents have suggested that this legisla- This really is about civil rights. Now, them are perversions, Mr. Speaker. tion will affect what can and cannot be said in in an ideal world, I wouldn’t be stand- We’re going to grant that protected houses of worship. This is false. H.R. 1913 ing here speaking here before you now

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 11092 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 29, 2009 because we wouldn’t need legislation Ms. BALDWIN. I want to thank clearly affirm that hate-based violence like this. But this is anything but an Chairman CONYERS for the time and for targeting gays, lesbians, transgender ideal world. And sadly, violent hate your diligent work on this measure. It individuals, women, and people with crimes are still an unfortunate reality has been an honor and a privilege to disabilities will not be tolerated. in our society. Last year there were 150 work closely with you. I think today of Matthew Shepard, reported hate crimes in my home State Today, by passing the Local Law En- who was brutally attacked by his of Maryland, and local law enforce- forcement Hate Crimes Prevention Act, homophobic assailants and left to die ment estimates that the actual num- the House has a historic opportunity to on a fence in Wyoming 10 years ago. bers are higher due to reporting dis- reinforce the principles of equal rights Matthew’s death generated inter- crepancies. and equal protection embodied in our national outrage by exposing the vio- Now, recent statistics also say there Constitution. lent nature of hate crimes and the hor- Hate crimes are acts of violence mo- were more than 9,000 reported hate rific effect on the targeted community. crimes. So the time to do something tivated by prejudice and committed I think of Judy Shepard, Matthew’s about this is now. And as a long-time against individuals that end up victim- mother, who is here with us today, still violence prevention advocate, I believe izing entire groups of people. courageously advocating for the pas- we have to do everything in our power In 1968 in response to horrific hate- sage of this legislation more than 10 to eradicate violence in all its forms. based violence in our country, cross By passing this legislation, we’re burnings, lynchings, fire bombings and years after losing her son. saying that acts of violence motivated the like, we acted to protect people The passage of the Local Law En- by hate will simply not be tolerated, who were victimized on the basis of forcement Hate Crimes Prevention Act not for any person, not for any reason. their race, color, religion or national will not make all hate crime go away. Mr. Speaker, I thank you and I thank origin. Today, we strengthen our re- But this bill gives State, local, and the leadership of the Matthew Shepard sponse to this form of domestic ter- Federal law enforcement authorities family for keeping us on mark about rorism by adding protections for people the necessary resources and tools to what it means to protect people. targeted for violence because of their combat violent crimes based on hate Mr. SMITH of Texas. Mr. Speaker, I gender, disability, gender identity, or and bias. yield myself 2 minutes. sexual orientation. Mr. Speaker, the arguments have Mr. Speaker, under this legislation, We add these characteristics to the been made, the evidence has been prof- criminals who kill certain people will hate crimes legislation not because fered, and, sadly, the lives have been be punished more harshly than people they deserve special protection, but be- lost that more than justify the passage who kill a police officer, a member of cause of a history and pervasive pat- of this legislation. I urge my col- the military, a child, or a senior cit- tern of heinous violent crimes com- leagues to pass this bill. izen. mitted against individuals because of Mr. SMITH of Texas. Mr. Speaker, I Is a murder motivated by hatred for these characteristics. yield the balance of my time to the something other than the victim’s Some opponents of this legislation gentleman from Indiana (Mr. PENCE), membership in a particular group any are disseminating misinformation in who is also chairman of the Republican less devastating or tragic? All crime order to derail this bill. But make no Conference. victims should have equal worth in the mistake—this legislation we pass today eyes of the law. Ordinarily, criminal has been carefully crafted to protect Mr. PENCE. I thank the gentleman law does not concern itself with mo- our First Amendment rights to free for yielding, and I especially thank the tive, why a person acted, but rather speech, expression, and association. ranking member of this committee for with intent, whether the perpetrator The First Amendment protects these his strong and principled and thought- intended or knew that they would freedoms, but it does not protect vio- ful opposition to H.R. 1913, the Local cause harm. If someone intends to lence. This is not a hate thought bill. Law Enforcement Hate Crimes Preven- harm a person, no motive makes them This is not a hate speech bill. This is a tion Act. more or less culpable for their conduct. hate crimes bill that will provide need- Mr. Speaker, those who know me, in- This legislation will force law en- ed Federal resources to local law en- cluding my colleagues on this com- forcement officials and prosecutors to forcement authorities when they con- mittee and the distinguished chairman gather evidence about the offender’s front violent crimes motivated by prej- of this committee, know that I abhor thoughts and words regardless of the udice and hate. discrimination. I have associated my- criminality of their actions. b 1545 self throughout my career in Congress When the government starts to pun- with efforts to advance the interests of ish thoughts, this is a dangerous road I want to share with you a few rea- minorities, and I will continue to do so. to travel. And where does it end? With sons why I believe the passage of this People who know me back home know thought police? legislation is so urgently necessary. that I have no tolerance for unkindness I’m thinking today of Angie Zapata, Mr. Speaker, we cannot legislate or disrespect to any individual for any an 18-year-old transgender woman who away hate, nor should we criminalize a reason, but most especially any dis- was brutally murdered in Greeley, Col- person’s thoughts, no matter how much respect or discrimination that is based orado, last summer. Angie’s killer beat we might disagree with them. I urge on race, creed, or color is anathema to her to death with his fists and a fire ex- my colleagues to oppose this bill. me. So I don’t question the motives of tinguisher when he learned that she I reserve the balance of my time. those who would advance this legisla- had been born a male. Thankfully, Mr. CONYERS. Mr. Speaker, I ask tion. I think I know the heart of many Angie’s killer was brought to justice unanimous consent that I be permitted and understand it. to control the remainder of the time under a State hate crimes law. But we But I rise in opposition to this legis- that I previously yielded to the gen- know that with staggering frequency, lation for three reasons: tleman from Illinois (Mr. KIRK). those who commit similar acts of vio- The SPEAKER pro tempore. Is there lence and murder based on hate are Number one, I believe that we should objection to the request of the gen- not. not treat thought the same way we tleman from Michigan? I think of Lawrence King, a 15-year- treat action before the law. Number There was no objection. old in Oxnard, California. Larry had two, I believe this legislation is unnec- Mr. CONYERS. Mr. Speaker, I am suffered harassment from his peers and essary when a careful examination of now pleased to recognize the gentle- then was killed by a 14-year-old class- State prosecutions and the work that’s lady from Wisconsin who has served mate because of his sexual orientation being done at State levels is examined. ably on the Committee on the Judici- and gender identity. And lastly and most ominously, I fear ary for a number of years, TAMMY Americans across the country, young this legislation, intentionally or unin- BALDWIN, for 5 minutes. and old alike, must hear Congress tentionally, could have a chilling effect

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11093 on the religious expression and the re- Which brings me to my last objection didn’t tell us what happened to them. ligious freedom of millions of Ameri- to this Federal legislation, and that is Well, he said it was terrible, they were cans. So let me speak to each of those the concern that I have about the charged. One would assume that people points. threat to religious freedom and reli- would be interested in knowing what Thomas Jefferson once said, ‘‘Believ- gious expression. The gentlewoman happened. ing with you that religion is a matter who just spoke said, memorably, that I will tell the House what happened. which lies solely between man and his this is not a hate speech bill, this is a The charges were dismissed. Now, the God, that he owes account to none hate crimes bill. But because those 45 gentleman from Indiana apparently other for his faith and his worship, the States already have legislation involv- forgot to say that. Those arrests were legislative powers of the government ing hate crimes, we can see how this false. They should not have taken reach actions only, not opinions.’’ kind of legislation actually operates in place. But let me say this: If we were Thomas Jefferson again stated the core practice. to repeal every criminal statute be- of my objection to hate crimes legisla- One case in particular, in 2004 in cause some police officer may have tion as a whole, and that is that vio- Philadelphia, 11 individuals were ar- made an improper arrest, things would lent attacks against people or property rested at something called OutFest, be pretty anarchic. are already illegal regardless of the which is a gay pride festival. These in- I also do think if you’re going to talk motive behind them. And it seems to dividuals held signs that displayed seg- about an incident, certainly would be me that the wisdom expressed by ments of the Holy Bible. They were ar- my practice, and if you talked about Thomas Jefferson in that quote is wis- rested after protesting peacefully. criminal charges and they were dis- dom that ought to discipline this legis- They were charged with three felonies missed that you would say so, that you lative body, that we ought to focus the and five misdemeanors. Their felony wouldn’t leave people wondering. So I reach of government on actions only charges included ‘‘possessions of in- do want people who are worried about and not opinions. And that remains the struments of crime,’’ which apparently the fate of those poor people in Phila- core of my objection to hate crimes was a bullhorn; ethnic intimidation, delphia who, if you listened to the gen- legislation. which was apparently their statement tleman from Indiana, these last 5 years But even to those who believe, Mr. that they believed as Biblical Chris- have been facing felony charges, please Speaker, that this legislation is appro- tians that homosexuality is a sin; and don’t worry. Those charges should not priate, I must say that it is also impor- also they were charged with inciting a have been brought and they were dis- tant for our colleagues and anyone riot for reading passages from the Bible missed. Now, you hear about that often looking in to understand that this leg- related to that moral practice. Now, because it’s apparently the only case islation is also unnecessary. The under- whether or not a riot occurred involv- we do have. No one has been success- lying offense in each of these crimes is ing these Christians was debatable, but fully prosecuted, nor should they be, already fully and aggressively pros- they faced $90,000 in fines and possible for this. ecuted in all 50 States. 47-year prison sentences. Now, I do want to say this: I’m de- This bill designates in particular gen- In San Francisco a city council en- lighted to hear some of the most con- der identity for federally protected sta- acted a resolution urging local broad- servative Members of this House ex- tus without, I might add, any evidence cast media not to run advertisements pressing support for free speech in this of any hate crimes occurring against by a pro-family group. In New York a context. Only in this context. They individuals for gender identity. The pastor who rented billboards posting have not been conspicuous in demand- hate crimes bill before us today makes Biblical quotations on sexual morality ing the right of free speech, but I’ll a Federal offense out of any violent had them taken down by city officials take it when I can get it. crime that is alleged to be motivated who cited hate crime principles as jus- There was a statute proposed here by gender identity including, for in- tification. that interfered with the free speech of stance, people who describe themselves We saw a new colleague today take a member of the clergy. Now, he is a as transsexuals, even though the Hate that oath that we all take, and it was lunatic member of the clergy named Crimes Statistics Act of 1990, as a solemn moment, Mr. Speaker. But we Phelps, and he was going and standing amended in 1994, never collected any swear to support and uphold the Con- out at cemeteries and denouncing them data to show that such hate crimes are stitution, which reads, I remind my on his religious grounds. I did not even occurring. In fact, the truth be colleagues, ‘‘Congress shall make no think people should be allowed to dis- told, FBI statistics show that the inci- law respecting the establishment of re- rupt funerals, but I voted against the dents of what are described as hate ligion or prohibiting the free exercise bill, along with my colleague from crimes has declined over the last 10 thereof.’’ Texas (Mr. PAUL) and my colleague years, for which we have data. In 1997 a We must not pass this hate crimes from Oregon (Mr. WU), and all the rest total of 8,000 what are called ‘‘bias- bill. It is unnecessary and it threatens of these great defenders of free speech motived’’ criminal incidents were re- that constitutional obligation that we on the other side said he couldn’t stand ported to the FBI. The data for 3 of the have. half a mile from the cemetery an hour last 10 years, 2003 through 2005, dem- Mr. CONYERS. Mr. Speaker, I yield 5 before with his anti-gay sign. Now, I onstrated a steady decline in the num- minutes to the gentleman from Massa- will confess that when he heard that I ber of those crimes, and the incidents chusetts, who is Chair of the Finance had come to his defense, that caused as the present day approaches decline Committee but previously has served him more aggravation than anything even further. his entire career on the House Judici- else; so it was for me a twofer. I got to And, also, lastly, there is zero evi- ary Committee, and his name is BAR- defend free speech and aggravate a lu- dence that States are not fully pros- NEY FRANK. natic. But I don’t remember a lot of ecuting violent crimes that are moti- Mr. FRANK of Massachusetts. My free speech defenses then because it vated by hate or for any other reason. thanks to the gentleman from Michi- wasn’t popular. Every State in the Nation prohibits a gan, who has been such an extraor- Now, in addition to free speech, there variety of violent crimes that con- dinary moral force in his leadership in is one other thing that’s very inter- stitute ‘‘willfully causing bodily in- the Judiciary Committee and under esting. You would think this is the jury.’’ For whatever the purpose of the whom I was proud to serve. first time hate crimes ever came up in will of causing bodily injury, those Let me begin by saying apparently American history. There are on the crimes are prosecuted. And for those we have in Philadelphia one of the books statutes that increase the pen- who advocate hate crimes legislation, a longest pending criminal cases in his- alty for crimes depending on the moti- Federalist note: 45 States and the Dis- tory because the gentleman from Indi- vation. And people say everybody trict of Columbia already have specific ana mentioned that people were ar- should be treated equally. By the way, laws punishing hate crimes. rested and charged in 2004. But he I assume Members know that there was

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 11094 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 29, 2009 a special statute that makes it particu- consin be protected against violence, I uling conflicts, I would like to record my sup- larly egregious in terms of sentencing am not seeking your approval. Your port for the Local Law Enforcement Hate if you assault a Member of Congress. approval of the way in which I live is Crimes Prevention Act. This legislation does b 1600 not terribly important to me, I would two important things: it moves our commu- say to them, Mr. Speaker, so I do want nities one step closer towards having the sup- I assume nobody knew that on that to differentiate. port necessary to ensure that all Americans side because they would have moved to Those of us who think that violence can live without fear and it advances the on- repeal it. They apparently are perfectly should be prevented are not asking for going struggle to defend human rights. comfortable getting a greater degree of approval from people with whom we This bipartisan bill reaffirms our commitment Federal protection against crime than are perfectly prepared not to associate to protecting the rights of every individual cit- the average citizen. any more than necessary. This is not a izen. It defends the dignity of all individuals Did they forget to repeal that? Where request for acceptance. We don’t want and recognizes that no one should live in con- was that motion? Mr. Chairman, did it. We don’t need it from those people. stant fear of hatred and discrimination. Impor- that come up in the committee? Well, What we are talking about is a protec- tantly, it advances this goal while also pro- apparently not. But there were other tion against violence. tecting our Constitutional right to freedom of categories, age and race. The last point is this. Why a hate speech and of religious expression. Unlike Let’s be very clear, Mr. Speaker. It is crime? Because when someone is as- many nations where individuals may be pros- not the concept of hate crime protec- saulted as an individual, that indi- ecuted for their words and beliefs, the United tion that is controversial. We have had vidual is put in fear. But when a group States remains firm in defending our ability to it and it has been administered. It is is assaulted because of race or religion express our opinions and exercise our values extending it to people like me, to those or sexual orientation, members who without fear of legal action. Since the introduc- of us who are gay, to people who are aren’t assaulted, if there’s a pattern to tion of America’s first hate crimes laws in transgender. And the assertion that this, are also put in fear. That’s the ra- 1968, such legislation has focused only on there is no basis for protecting tionale, and it applies here as well as acts of violence, never on ideas, and this bill transgender people against violence, elsewhere. continues that commitment to the Constitution The SPEAKER pro tempore. The gen- that’s Marxist in its oddity. by explicitly stating that it cannot be used to And I mean by that, of course, Chico tleman from Michigan has 30 seconds. Mr. CONYERS. Mr. Speaker, I thank limit our First Amendment rights, including the Marx, who said at one notable point rights of faith leaders speaking from their pul- when Groucho caught him red-handed, you. I would like to congratulate the pits. This legislation is a testament to the ‘‘Who are you going to believe—me or strength of our Constitution even in times of your own eyes?’’ Members of the House for the debate that’s occurred on the hate crimes leg- change. The fact is that crimes against peo- The necessity of this bill has recently been ple who are transgender have been very islation because of the very effective way that they have communicated highlighted in Virginia’s 5th District, where sev- serious. I know they are not always eral weeks ago an 18–year-old University of prosecuted as well as they should have their reservations about the way we approached the subject. Virginia student and his friend were physically been. But I do want to stress, the no- Mr. VAN HOLLEN. Madam Speaker, I rise attacked in a parking lot because of their per- tion of hate crimes, of increasing the today in strong support of the Local Law En- ceived sexual orientation. Such incidents re- penalty because of the motivation for forcement Hate Crimes Prevention Act of 2009 mind us that there are still individuals who certain characteristics of the victim, of which I am a cosponsor. would use violence to intimidate and isolate has not been controversial on the Re- Our country was founded on the bedrock others simply for who they are, and that hate publican side. They have made no ef- principle of protecting individual freedoms. We crimes remain a serious and under-addressed fort to change it. need to protect the rights of individuals who problem in our communities. If they were really motivated by are assaulted because of who they are. These crimes not only target individual vic- what they claim to be saying, or what This bipartisan bill provides local and state tims, but also terrorize entire communities. All they are saying, then they would be for law enforcement agencies with the resources individuals deserve to live free of fear of such repealing hate crimes in general. They needed to combat the thousands of hate attacks, and we must not allow violence in- would be for repealing hate crimes crimes that occur in our country each year. spired by hatred to go unpunished. Through- based on race and age and other cat- H.R 1913 allows the Federal Government to out our nation’s history, we have been re- egories. It’s only when it deals with equip our local law offices with the tools they minded that the principles of our founders en- gay people. And because in some peo- need to prosecute hate crimes and provides dure, and so does their charge to us to remain ple’s minds saying that it’s wrong to monetary relief to those agencies that have in- vigilant in each generation about expanding assault someone who is transgender curred extraordinary expenses associated with those freedoms. We continue to emerge from may mean that you have to show some the investigation and prosecution of hate these struggles a stronger and better nation, respect for that person. crimes. truer to our values and closer to fulfilling our Well, let me reassure them. I do Our nation thrives because of the freedoms highest aspirations. think that there ought to be hate we guarantee each of our citizens. Those lib- Mrs. MALONEY. Mr. Speaker, I rise in crimes protection against gay, lesbian erties are at risk if hateful discrimination and strong support of H.R. 1913, the ‘‘Local Law and transgender people. By that I mean violence are allowed to flourish and threaten Enforcement Hate Crimes Preven of 2009.’’ that if there is a physical crime, ac- the safety of individuals and our communities. As an original cosponsor of this legislation, I tions that are otherwise criminal, the Current federal hate crimes law authorizes believe that H.R. 1913 is critically important to fact that it is based on that prejudice federal aid in cases of violent crimes moti- ensuring that those who commit hate crimes should count. vated by the victim’s race, color, religion, or are appropriately prosecuted and punished. I The SPEAKER pro tempore. The national origin. H.R. 1913 expands the federal want to commend Chairman CONYERS and the time of the gentleman has expired. definition of hate crime, allowing the Depart- Democratic Leadership for bringing this legis- Mr. CONYERS. I yield the gentleman ment of Justice to assist local authorities in lation before the House of Representatives an additional minute. cases of violent crimes committed against per- early in the 111th Congress so that we may fi- Mr. FRANK of Massachusetts. I sons because of their gender, sexual orienta- nally get this bill to the President’s desk. thank the chairman. tion, gender identity, or disability. Each story is tragic, someone who is as- I want to make it very clear. Yes, I I am proud to have voted for this legislation, saulted or murdered because of nothing more do want there to be protection against as it will enhance civil rights protections and than his or her race, gender, sexual orienta- violence committed against people like help protect individuals and our communities tion, or religion, for example. Someone who me, but let me reassure those, some on from the terror and anguish that hate crimes may have done nothing other than walk down the other side. In asking that inflict. a particular street, attend a certain house of transgender people or people like me or Mr. PERRIELLO. Madam Speaker, although worship, or simply be who they are. Today we people like my colleague from Wis- I could not cast my vote today due to sched- send the important message that we will not

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11095 tolerate these acts of violence by ensuring that had bipartisan support during the 106th, ing and foreclosure crisis we are facing, more local law enforcement agencies have the nec- 108th, 109th and the 110th Congresses. and more Americans are becoming homeless. essary resources to investigate and prosecute Many law enforcement organizations Sadly, the number of violent crimes against hate crimes. throughout the nation have endorsed the bill. the homeless are increasing, and I believe a On June 11, 2000, at the annual Puerto We have their support because local police significant portion of these attacks are indeed Rican Day parade in New York City, more and sheriffs’ departments will get resources hate crimes. The State of Maryland just re- than fifty women were sexually harassed and they need to help investigate and prosecute cently became the first state in the nation to assaulted by a group of men. I was outraged violent criminals. add homelessness to their hate crimes statute. not only that the attacks occurred, but that ac- The bill allows the Federal government to They noted that from 1999 through 2007 there cording to many of the victims, the police did provide crucial federal resources to state and were 774 acts of violence against homeless not take their allegations seriously. Unfortu- local agencies to equip local officers with the men, women and children in 45 states and nately, women are all too often targeted be- tools they need to prosecute hate crimes. Puerto Rico. These attacks resulted in 217 cause of their gender. Everyone deserves to be protected and to deaths. Although the bill as reported out of com- feel safe in their communities. African Ameri- I’m looking forward to working with Chair- mittee does not include provisions from legis- cans, Hispanics, disabled Americans, Chris- man CONYERS and our Crime Subcommittee lation that I have introduced, H.R. 823, the tians, members of the GBLT community, and Chairman SCOTT to get accurate data on vio- ‘‘Hate Crimes Statistics Improvement Act of every other American deserve this right. And lent crimes and hate crimes against the home- 2009,’’ I understand that this language will be we should give our local law enforcement the less. It is important to get this data promptly, included in future legislation that Chairman tools and support necessary to ensure our and then, after an appropriate hearing, we can CONYERS intends to bring before the House of safety. We are all created equal and should determine if additional legislation is needed. Representatives. The provisions included in be afforded the same freedoms and protec- In closing, I commend Chairman CONYERS my bill would ensure that hate crimes moti- tions. for his tireless work on this legislation and vated by gender are accounted for by the FBI H.R. 1913 will provide assistance to state urge my colleagues to do the right thing today and local law enforcement agencies. Violence and local law enforcement agencies and and vote to pass this bill. against women is a serious problem in this amend Federal law to facilitate the investiga- Ms. EDDIE BERNICE JOHNSON of Texas. country. With accurate data, local communities tion and prosecution of bias-motivated crimes Mr. Speaker, I rise today in support of H.R. will be better able to identify gender-based of violence. 1913, the Local Law Enforcement Hate hated crimes in their area, ensure that the I ask my colleagues to join me as we pass Crimes Prevention Act. I have been a strong prosecution of such crimes is a priority, and this much needed civil rights legislation. supporter of increased law enforcement sup- chart their progress toward eliminating them. Ms. WATERS. Mr. Speaker, I rise in strong port and protections against hate crimes for H.R. 1913 is landmark legislation that I be- support of H.R. 1913, the Local Law Enforce- many years, and today’s vote represents a lieve will go a long way in reducing violence ment Hate Crimes Prevention Act of 2009 and historic step forward in recognizing and fight- in communities across this nation. I urge my I am pleased to see the bill we reported out ing against violent bias-motivated crimes. colleagues to support the bill. of the Judiciary Committee last week is on the Each year there are thousands of individ- Mr. BLUMENAUER. Mr. Speaker, today I House floor today. uals who are targets of violent crime based am proud to support the Local Law Enforce- I believe we finally have the opportunity to solely on their appearance, means, or lifestyle. ment Hate Crimes Prevention Act which will see this legislation signed into law and I en- These hate crimes are not only meant to help prevent violence and ensure that justice courage my colleagues to do the right thing physically harm the victim, but degrade all in- is served. today and support this bill. dividuals of similar identity and instill a perva- The special attention that hate crimes re- We must ensure that all Americans can ex- sive sense of fear amongst that community. quire can easily stretch local law enforcement ercise their civil rights and be free from threats While each and every violent crime is trau- beyond their capacity. Many of these crimes of violence against them because of their matic, hate crimes are not only devastating for go unreported, allowing the perpetrators to es- race, color, nationality, gender, age, disability the victim and their family, but for all individ- cape punishment. This is unacceptable. or sexual orientation. It is past time to protect uals who identify with the victim, whether or The Local Law Enforcement Hate Crimes gays, lesbians, bisexuals and transgendered not they actually knew that person. Prevention Act provides the necessary re- individuals from hate crimes. We must never Hate crimes are more prevalent than many sources to state and local governments for the again allow an 11-year-old child to be so may realize. Despite significant under- investigation and prosecution of these crimes. bullied and harassed that he sees no other reporting, more than 100,000 hate crimes This kind of commitment to justice is the only option to end his torture by taking his own life. have been reported since 1991. In addition, way to prevent such random acts of violence In 2004 in Los Angeles, the 15-year-old son the number of hate groups that exist within our from occurring in the first place. of movie producer Lee Caplin and his wife, country continues to rise; espousing a mes- In my home state of Oregon, four hate Gita, received death threats by a group of stu- sage of hatred and often plans of targeted vio- crimes have been reported this year and in dents at his private high school. According to lence. 2008, twenty-nine hate crimes were reported. the police complaint, some of the messages This legislation will allow for much needed Just last month, a man and his boyfriend were directed at their son were anti-gay slurs federal assistance in the prevention and pros- on a spring-break trip over the weekend when among other epithets. ecution of hate crimes, and provide money to they were beaten unconscious on a beach in In 2007 in Los Angeles, a mentally disabled states to develop hate crimes prevention pro- Seaside, Oregon. Last November, a 20-year- man was beaten to death by an unidentified grams. No American deserves to feel a threat old woman was walking along a street in man wielding an aluminum baseball bat. The to their physical safety simply because of who Aloha, Oregon, when the man asked for a cig- victim was James McKinney, 41, who was they are or how they look. arette. He asked if she was gay and when she walking to the store from his home, a mental While I strongly support the passage of this said yes, he then started berating her about health care facility. The attack was caught on legislation, I do believe there is a strong need her sexual orientation. Eventually he pushed surveillance camera, but the attacker is still at to include homeless individuals into this bill. her and she fell to the ground. She tried to de- large. Often nameless and faceless victims of vio- fend herself, but he knocked her back down The most recent data from the FBI is from lence, homeless individuals are amongst the and struck her in the head with a rock. 2007. It shows that in Los Angeles, there were highest targeted groups for hate violence. These violent crimes effectively terrorize the 279 crimes categorized as motivated by bias: According to statistics collected by the Na- entire community and chip away at our free- 132 crimes based on race; 50 crimes based tional Coalition for the Homeless, there have doms. We must protect all our citizens— on religion; 43 crimes based on sexual ori- been 774 violent acts perpetrated against whether they are black, disabled, Christian, or entation; and 54 crimes based on ethnicity. homeless individuals since 1999. These at- gay. While I strongly support this bill today, I tacks occurred in 235 cities throughout our Mr. BACA. Mr. Speaker, I urge my col- know that more work is needed, particularly in country, in 45 states, and in one territory. 217 leagues to vote in support of H.R. 1913—the the area of crimes against the homeless. As of these attacks resulted in death ranging from Federal Local Law Enforcement Hate Crimes Chair of the Financial Services Subcommittee these individuals suffering severe beatings to Prevention Act of 2009. This legislation has on Housing, I can tell you that with the hous- being set on fire. Many of these incidents

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 9920 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 11096 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 29, 2009 were committed by groups targeting the home- While Senator Edward Kennedy has writ- criminalized under this act. Only violent acts less, and some were even video-taped for fu- ten that it was not his intention to cover all by those who willfully cause bodily injury are ture sale and amusement. rape with LLEHCPA, some DOJ officials prohibited. I strongly oppose attempts to limit It is important that we recognize these acts have declined to disclaim such coverage. Moreover, both the objective meaning of the anyone’s right to free speech or put one class as hate crimes at a federal level. Many states language and considerable legal scholarship of people above another. are currently considering the recognition of would certainly include such coverage. If all While all acts of violence are deplorable, these violent acts as hate crimes, with Mary- rape and many other crimes that do not rise hate crimes are specifically meant to intimi- land having already done so. We cannot con- to the level of a ‘‘hate crime’’ in the minds date and frighten an entire group of people tinue to ignore the plight of this group, and the of ordinary Americans are covered by because of prejudice on the part of the perpe- fear and violence that have been experienced LLEHCPA, then prosecutors will have ‘‘two trator. Violent acts that are meant to terrorize by scores of homeless individuals. bites at the apple’’ for a very large number American citizens should not go unpunished. Mr. SMITH of Texas. Mr. Speaker, I would of crimes. I urge you to support H.R. 1913. like to submit the following letter from four DOJ officials have argued that LLEHCPA Mr. MORAN of Virginia. Mr. Speaker, I rise members of the U.S. Commission on Civil is needed because state procedures some- today to express my strong support of the times make it difficult to obtain convic- Rights who are opposed to H.R. 1913: tions. They have cited a Texas case from Local Law Enforcement Hate Crimes Preven- UNITED STATES COMMISSION over a decade ago involving an attack on a tion Act. ON CIVIL RIGHTS, black man by three white hoodlums. Texas This bill will extend federal hate crimes law Washington, DC, April 29, 2009. law required the three defendants to be tried to protect individuals targeted because of their Re: H.R. 1913 separately. By prosecuting them under fed- sexual orientation, gender, gender identity, or Hon. NANCY PELOSI, eral law, however, they could have been tried disability. Since the federal government began Speaker, House of Representatives, together. As a result, admissions made by collecting data in 1991, over 100,000 hate Washington, DC. one could be introduced into evidence at the crimes have been reported by state and local Hon. STENY H. HOYER, trial of all three without falling foul of the hearsay rule. officials; but, most analysts believe this data Majority Leader, House of Representatives, significantly underreports the actual number of Washington, DC. Such an argument should send up red flags. Hon. JAMES E. CLYBURN, It is just an end-run around state procedures hate crimes. During this time period, approxi- Majority Whip, House of Representatives, designed to ensure a fair trial. The citizens mately 16% of hate crimes were perpetrated Washington, DC. of Texas evidently thought that separate because of a person’s sexual orientation. With Hon. JOHN BOEHNER, trials were necessary to ensure that innocent 1,265 reported incidents in 2007, sexual ori- Minority Leader, House of Representatives, men and women are not punished. No one entation is the third most common target of Washington, DC. was claiming that Texas applies this rule hate-based violence, trailing only race and reli- Hon. ERIC CANTOR, only when the victim is black or female or gion. This bill is a logical improvement to ex- gay. And surely no one is arguing that Tex- Minority Whip, House of Representatives, isting federal law and is needed to ensure that Washington, DC. ans are soft on crime. Why interfere with DEAR MADAM SPEAKER AND MESSRS. BOEH- their judgment? the federal government has the jurisdiction to NER, CANTOR, CLYBURN AND HOYER: We write We are unimpressed with the arguments in assist in all cases of hate-based violence. today to urge you to vote against the pro- favor of LLEHCPA and would be happy to In addition to expanding the categories of posed Local Law Enforcement Hate Crimes discuss the matter further with you if you so hate crimes, this legislation would allow the Prevention Act (H.R. 1913) (‘‘LLEHCPA’’). desire. Please do not hesitate to contact any Justice Department to aid the investigation Although time does not permit this issue to of us with your questions or comments. The and prosecution of hate crimes at the local be presented for formal Commission action, Chairman’s Counsel and Special Assistant, level through technical assistance and supple- we believe it is important for us to write as Dominique Ludvigson, is also available to individual members to communicate our se- mental funding. The cost of investigating and further direct your inquiries at prosecuting these often high-profile cases can rious concerns with this legislation. [email protected] or at (202) 376–7626. We believe that LLEHCPA will do little be prohibitive for a local community, forcing Sincerely, good and a great deal of harm. Its most im- them to spend precious resources on one GERALD A. REYNOLDS, portant effect will be to allow federal au- Chairman. case. In these instances, it is essential for the thorities to re-prosecute a broad category of GAIL L. HERIOT, federal government to be able to provide as- defendants who have already been acquitted sistance to ensure that justice is served with- by state juries—as in the Rodney King and Commissioner. Crown Heights cases more than a decade ago. TODD GAZIANO, out unduly burdening local resources. Due to the exception for prosecutions by Commissioner. Finally, this bill would require the Justice ‘‘dual sovereigns,’’ such double prosecutions PETER N. KIRSANOW, Department to expand its tracking of hate are technically not violations of the Double Commissioner. crimes to include crimes based on gender or Jeopardy Clause of the U.S. Constitution. Mrs. BIGGERT. Mr. Speaker, I rise today in gender identity. The federal government cur- But they are very much a violation of the strong support of H.R. 1913, the Local Law rently collects data on hate crimes committed spirit that drove the framers of the Bill of Enforcement Hate Crimes Prevention Act of due to sexual orientation and disability, but not Rights, who never dreamed that federal 2009. for gender or gender identity. This expanded criminal jurisdiction would be expanded to This legislation will include penalties in the the point where an astonishing proportion of resource will provide law enforcement officials crimes are now both state and federal of- federal code for crimes that are motivated by the information they need to more accurately fenses. We regard the broad federalization of race, color, religion, national origin, gender, gauge the prevalence of hate crimes and to crime as a menace to civil liberties. There is sexual orientation, gender identity, or dis- evaluate efforts to combat this violence. no better place to draw the line on that proc- ability. The Local Law Enforcement Hate Crimes ess than with a bill that purports to protect Further, H.R. 1913 allows the Department of Prevention Act is an overdue step towards ad- civil rights. Justice to make grants to support State and dressing all forms of hate-based violence that While the title of LLEHCPA suggests that local programs designed to combat hate traumatize communities across the country. it will apply only to ‘‘hate crimes,’’ the ac- crimes, particularly those committed by juve- Hate crimes have a chilling effect beyond a tual criminal prohibitions contained in it do not require that the defendant be inspired by niles. Finally, the bill supports programs to particular victim, spreading fear of future at- hatred or ill will in order to convict. It is train local law enforcement officers in inves- tacks among the targeted group. Congress sufficient if he acts ‘‘because of someone’s tigating, prosecuting, and preventing hate cannot prevent hate from motivating individ- actual or perceived race, color, religion, na- crimes. In this way, the bill empowers state uals to commit violence, but we can ensure tional origin, gender, sexual orientation, and local officials to investigate and prosecute that the proper laws and resources are avail- gender identity or disability. Consider: these crimes without limiting their jurisdiction able to prosecute these cases to the fullest Rapists are seldom indifferent to the gen- or authority. extent of the law. That is what this bill does, der of their victims. They are virtually al- I have heard concerns from some of my and I ask all of my colleagues to support it. ways chosen ‘‘because of their gender. constituents that this legislation could infringe A robber might well steal only from Mr. ISRAEL. Mr. Speaker, I rise today to women or the disabled because, in general, on the right to free speech. I could never sup- urge my colleagues to support H.R. 1913, the they are less able to defend themselves. Lit- port a bill that does that. In fact, Section 10 of Matthew Shepard Act. erally, they are chosen ‘‘because of their the bill contains a specific exemption that clari- Many of my colleagues have already spo- gender or disability. fies that speech, no matter how hateful, is not ken informatively about the bill’s provisions,

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 9920 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11097 how it will focus on enhancing resources at identified—from being intimidated by the ha- Skinheads, Neo-Nazis, KKK, and other similar the local and state level for combating hate tred of a few. type groups. crimes, and how it will enable local and state I urge my colleagues to support this bill and H.R. 1913 is legislation aimed at combating officials to prosecute people who commit hate send a clear message that those who injure or hate crimes. Because the bill addresses hate crimes. These are all important reasons to kill another human being because of who they crimes, it is necessary to define the criminal vote for this bill. are will be brought to justice for their crimes. actions that constitute a hate crime in the first I want to tell you the story of a hate crime Mr. WAXMAN. Mr. Speaker, hate crimes are instance. The definition is straightforward. that happened in my community. fundamentally different from other crimes. Hate crimes involve the purposeful selection of Marcelo Lucero lived in Patchogue, NY and Hate crimes—violent acts that target victims victims for violence and intimidation based was walking home one evening when a car precisely because of who they are, or are per- upon their perceived attributes. Such targeting load of teenage boys surrounded, beat and ceived to be—aim to terrorize, intimidate, and for violence removes these actions from the murdered him. oppress an entire class of people. They are protected area of free expression of belief and He was walking home, and they were out assaults not just on those victims, but on an speech as enshrined in the First Amendment looking for someone who looked Hispanic. entire community. When the perpetrators of to the United States Constitution. The crimes One of the defendants later told the police, ‘‘I these acts are not held accountable, we suffer are investigated and prosecuted at both the don’t go out and do this very often, maybe as a nation. Federal and State and local level, depending once a week.’’ As a cosponsor of the Matthew Shepard upon the facts of the case and the needs of Now, what happened to Marcelo Lucero is Act, I look forward to its enactment into law. the investigation. wrong when it happens to any person. Today there are only 11 States that have hate For those individuals that will ask why this But what makes a hate crime so disturbing crime laws that cover both gender and sexual law is necessary, let me remind of a few inci- is that it’s not simply aimed at the victim. orientation. By expanding the federal definition dents that have occurred in recent memory An entire community gets the message— of a hate crime to include one based on sex- that demonstrate that this bill is indeed nec- you are not welcome here. And, what makes ual orientation, disability, or gender, we take essary. the story of his attackers so disturbing is the the first step toward reducing these violent casualness of their attitude. acts across the country. Texas’ violent history dates to the late 19th It reflects a comfortableness that is unac- This legislation will provide much-needed century when it was among the South’s most ceptable in any community. federal support for local law enforcement so lynch-prone states. At least 355 people, most That is why I’m supporting this bill and why that police can more effectively identify, inves- of them blacks, died in Texas mob violence I urge my colleagues to support this bill: it tigate, and prosecute hate crimes. By joining between 1889 and 1918. sends a message back to those who would together at all levels, we can help build safer Laws outlawing mob and less lethal hate commit a hate crime. And that message is that and more tolerant communities. I urge my col- crimes have since been passed, but incidents hate is not welcome in my community. leagues to support this important bill. with possible racial components have contin- I would like to thank Chairman COYERS for Ms. JACKSON-LEE of Texas. Mr. Speaker, ued to occur—even in Jasper, a city with a the time to speak and his leadership on this I rise today in strong support of H.R. 1913, the black mayor and a population that is 45 per- important issue. Local Law Enforcement Hate Crimes Preven- cent African-American. Mr. PATRICK J. MURPHY of Pennsylvania. tion Act of 2009. I would like to thank Chair- In Texas, Austin came in fourth among cit- Mr. Speaker, I rise today as a cosponsor and man CONYERS of the House Judiciary Com- ies in the number of hate crimes reported in strong supporter of the Local Law Enforce- mittee for his leadership in bringing this timely 2006, according to a FBI compilation that can- ment Hate Crimes Prevention Act of 2009. legislation to the floor. H.R. 1913 will provide vassed agencies representing 85 percent of Ten years have now passed since a Univer- assistance to state and local law enforcement the nation’s population. Documented are 7,722 sity of Wyoming student was tied to a fence and amend federal law to streamline the in- criminal incidents involving 9,080 offenses re- and fatally beaten just because he was gay. In vestigation and prosecution of hate crimes. sulting from bias against race, religion, sexual the time since, we’ve seen a Texas man The key element of the bill is its expansion of orientation, ethnicity/national origin, or physical dragged to his death by a truck just because federal jurisdiction to cover crimes motivated or mental disability. Of 5,449 ‘‘crimes against he was black and a woman brutally beaten by bias against a victim’s perceived sexual ori- persons’’, intimidation accounted for 46 per- and killed with a fire extinguisher just because entation, gender, gender identity or disability. cent of hate crimes, simple assault 32 percent, she was transgendered. We’ve even seen This legislation would make tremendous and aggravated assault 21.6 percent. Three young children at day camp shot just because strides in garnering the civil and human rights murders and six rapes were reported. The re- they were Jewish. of all Americans. Its passage would secure the port lists offenders as 58.6 percent white, 20.6 Passage of comprehensive federal hate equal protection of all Americans under the percent black, 12.9 percent race unknown, crime legislation that would allow the Depart- law. It is a landmark and long overdue piece and the rest as other races. ment of Justice to assist state and local juris- of legislation. JAMES BYRD dictions unable or unwilling to prosecute vio- This is an important bill and I have intro- lent, bias-motivated crimes is long overdue. duced similar legislation in this and prior Con- Let me remind you of James Byrd. On June Mr. Speaker, as a former Constitutional law gresses. While I support this bill and urge my 7, 1998, Byrd, 49, accepted a ride from three professor at West Point, I want to make some- colleagues to support this bill I am dis- men named Shawn Allen Berry, Lawrence thing perfectly clear. Nothing in this bill im- appointed that the bill did not include my Russell Brewer, and John William King. He pinges the right of an individual’s freedom of amendment which I offered last Congress. had already known one of them. Instead of speech as guaranteed under the First Amend- MY AMENDMENT LANGUAGE IN H.R. 1592 taking him home, the three men beat Byrd be- ment of the Constitution. The ability to think or Last Congress, I offered an amendment to hind a convenience store, chained him by the express sentiments repulsive to most mem- H.R. 1592, the legislation that was introduced ankles to their pickup truck, stripped the man bers of society absent the fear of legal recrimi- last term. My amendment was accepted by naked, and dragged him for three miles. Al- nation is part of what makes this country great unanimous consent by the members of the Ju- though Lawrence Russell Brewer said that and free. The ability to prosecute to the fullest diciary Committee. Specifically, my amend- Byrd’s throat had been slashed before he was extent of the law those who cause injury or ment required ‘‘the United States Sentencing dragged, forensic evidence suggests that Byrd death to an individual because of who they Commission shall study the issue of adult re- had been attempting to keep his head up, and are or what they believe is also what makes cruitment of juveniles to commit hate crimes an autopsy suggested that Byrd was alive for this country great and free. and shall report such findings back to the much of the dragging and died after his right Ensuring that states and local law enforce- Congress within 180 days.’’ If this language arm and head were severed when his body hit ment throughout the United States have the was included in the present bill, it would only a culvert. His body had caught a sewage drain resources they need to go after the perpetra- serve to strengthen it and make it better. The on the side of the road resulting in Byrd’s de- tors of these crimes is not just something we amendment language was intended to gather capitation. owe to the victims and their families. It also information on adults that solicit and use youth King, Berry, and Brewer dumped their vic- helps to free the rest of society—particularly in the commission of hate crimes. This issue tim’s mutilated remains in the town’s black members of the group to which the victim arises with respect to hate groups such as the cemetery, and then went to a barbecue. A

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The police Russell Arthur Henderson pleaded guilty to Henderson pleaded guilty on April 5, 1999, found 75 places littered with Byrd’s remains. felony murder and kidnapping, allowing him to and agreed to testify against McKinney to State law enforcement officials along with Jas- avoid the death penalty. Aaron James McKin- avoid the death penalty; he received two con- per’s District Attorney Guy James Gray and ney was convicted of felony murder and kid- secutive life sentences. The jury in McKinney’s Assistant Pat Hardy determined that since napping. Henderson is currently serving two trial found him guilty of felony murder. As it King and Brewer were well-known white su- consecutive life sentences and McKinney is began to deliberate on the death penalty, premacists, the murder was a hate crime, and serving the same but without the possibility of Shepard’s parents brokered a deal, resulting decided to bring in the FBI less than 24 hours parole. in McKinney receiving two consecutive life after the discovery of Byrd’s remains. One of Matthew Shepard, oldest son of Dennis terms without the possibility of parole. Byrd’s murderers, John King, had a tattoo de- Shepard and Judy Shepard, was born in Cas- Henderson and McKinney were incarcerated picting a black man hanging from a tree, and per, Wyoming, on December 1, 1976. Shortly in the Wyoming State Penitentiary in Rawlins other tattoos such as Nazi symbols, the words after midnight on October 7, 1998, 21-year-old but were transferred to other prisons due to ‘‘Aryan Pride,’’ and the patch for the Confed- Shepard met McKinney and Henderson in a overcrowding. erate Knights of America, a gang of white su- bar. McKinney and Henderson offered Wyoming did not have State hate crimes premacist inmates. In a jailhouse letter to Shepard a ride in their car. Subsequently, legislation. Brewer which was intercepted by jail officials, Shepard was robbed, pistol whipped, tortured, King expressed pride in the crime and said he LOYAL GARNER tied to a fence in a remote, rural area, and left On Christmas Day 1987, Loyal Garner, a realized he might have to die for committing it. to die. McKinney and Henderson also found ‘‘Regardless of the outcome of this, we have Florien, LA., father of six, was arrested for out his address and intended to rob his home. made history. Death before dishonor. Sieg drunken driving. Garner protested that he was Still tied to the fence, Shepard was discovered Heil!’’, King wrote. sober, and asked for field sobriety and An officer investigating the case also testi- eighteen hours later by Aaron Kreifels, who at breathalyzer tests, but police took him to the fied that witnesses said King referenced The first thought that Shepard was a scarecrow. At county jail in Hemphill. Turner Diaries after beating Byrd. the time of discovery, Shepard was still alive, Garner asked to be allowed to telephone his Brewer and King were sentenced to death. but in a coma. wife. Instead, he was taken to the jail detox Berry received life in prison. Shepard suffered a fracture from the back of room and bludgeoned. his head to the front of his right ear. He had THE PERPETRATORS In 1990, Hemphill Police Chief Thomas John King—accused of beating Byrd with a severe brain stem damage, which affected his Ladner and two county deputies, Billy Ray bat and then dragging him behind a truck until body’s ability to regulate heart rate, body tem- Horton and James M. Hyden, were convicted he died. King had previously claimed to have perature and other vital signs. There were also on state murder charges and sentenced to been gang-raped in prison by black prisoners about a dozen small lacerations around his prison. Horton’s conviction was later over- and, although he had no previous record of head, face and neck. His injuries were turned. deemed too severe for doctors to operate. racism, had joined a white-supremacist prison KENNETH SIMPSON gang, allegedly for self-protection. The testi- Shepard never regained consciousness and remained on full life support. As he lay in in- In spring 1988, Kenneth Simpson, a 30- mony phase of his trial started in Jasper, year-old black man arrested for the theft of a Texas on February 16, 1999. He was found tensive care, candlelight vigils were held by the people of Laramie. fountain pen, died in his Cleveland jail cell guilty of kidnapping and murder on February after being beaten. 23 and was sentenced to death on February He was pronounced dead at 12:53 A.M. on October 12, 1998 at Poudre Valley Hospital in Half the city police force was suspended as 25. a result, but later returned to their jobs after Lawrence Russell Brewer—another white Fort Collins. Police arrested McKinney and Henderson shortly thereafter, finding the being acquitted. However, Police Chief Harley supremacist convicted of murdering Byrd. Lovings remained under public pressure and Prior to the Byrd murder, Brewer had served bloody gun as well as the victim’s shoes and resigned the following year. a prison sentence for drug possession and wallet in their truck. The pen later was found atop a soft drink burglary, and he was paroled in 1991. After The two men had attempted to get their machine in the police station lobby. violating the parole in 1994, he was sent back girlfriends to provide alibis. In court the de- to prison. According to his court testimony, he fendants used varying rationales to defend TROY LEE STARLING joined a white supremacist gang with King in their actions. They attempted to use the ‘‘gay In August 1987, Troy Lee Starling, 24, of order to safeguard himself from other pris- panic defense’’, arguing that they were driven Mount Enterprise was fatally shot in the neck oners. A state psychiatrist testified that Brewer to temporary insanity by alleged sexual ad- by a state highway trooper after a highspeed did not appear repentant for his crimes. In the vances by Shepard. At another point they stat- chase in Rusk County. end, Brewer was also sentenced to death. ed that they had only wanted to rob Shepard Though the trooper was cleared by a grand Shawn Allen Berry—The driver of the truck, and never intended to kill him. jury, Starling’s family filed a civil rights lawsuit Berry was the most difficult to convict of the The prosecutor in the case charged that against the officer. three defendants because there was a lack of McKinney and Henderson pretended to be gay Not all incidents involved bloodshed, but still evidence to suggest that he himself was a rac- in order to gain Shepard’s trust to rob him. revealed a sordid side of East Texas culture. ist. He had also claimed that his two compan- During the trial, Chastity Pasley and Kristen Illustrative was the hostility faced by three ions were entirely responsible for the crime. Price (the pair’s then-girlfriends) testified under black families who moved into an all-white Brewer testified that it was Berry who cut oath that Henderson and McKinney both plot- public housing project in Vidor in 1994. Byrd’s throat before he was tied to the truck, ted beforehand to rob a gay man. McKinney The families were part of the third effort to but the jury decided that there was little evi- and Henderson then went to the Fireside integrate the project. They moved in only after dence to indicate this. As a result, Berry was Lounge and selected Shepard as their target. then-Housing and Urban Development Sec- spared the death penalty and given a life sen- McKinney alleged that Shepard asked them retary Henry Cisneros allocated $3 million to tence in prison. for a ride home. After befriending him, they upgrade security. MATTHEW SHEPARD took him to a remote area of Laramie where But residents were soon frightened by death Matthew Wayne Shepard was a student at they robbed him, beat him severely (media re- threats and the obvious patrols of Ku Klux the University of Wyoming who was tortured ports often contained the graphic account of Klan members through the projects displaying and subsequently murdered near Laramie, the pistol whipping and his smashed skull), high-powered weapons. Wyoming. He was attacked on the night of and tied him to a fence with a rope from The FBI later investigated alleged Klan October 6–October 7, 1998 and died at McKinney’s truck. Shepard begged for his life. death plots against William Hale, director of Poudre Valley Hospital in Colorado, on Octo- Both girlfriends also testified that neither the Texas Commission on Human Rights, and ber 12, from severe head injuries. McKinney nor Henderson was under the influ- Attorney General Dan Morales. Hale’s group

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The existing statute Montgomery, Ala., suggested such crimes, Third, the bill clarifies that neither this Act, provides no coverage for violent hate crimes though stereotypical of the South, no longer nor the amendments made by it may be con- committed because of the victim’s perceived are limited to one region. strued to prohibit any expressive conduct pro- sexual orientation, gender, gender identity or ‘‘I think this is a stark reminder, this case in tected from legal prohibition, or any activities disability. H.R. 1913 covers these statuses. Texas, of what can happen in this country,’’ he protected by the free speech or free exercise When federal jurisdiction has existed in the said. ‘‘Education is not the sole answer, but clauses of, the First Amendment of the United limited hate crime contexts authorized under it’s one of the cornerstones of correcting it.’’ States Constitution. The legislation does not 18 U.S.C. sec. 245(b), the federal govern- The tension between the races is fueled by punish, nor prohibit in any way, name-calling, ment’s resources, forensic expertise, and ex- competition between economically marginal verbal abuse, or even expressions of hatred perience in the identification and proof of hate- groups, Roy said. toward any group, even if such statements based motivations has provided an invaluable ‘‘This episode is a horrendous example of investigative complement to the familiarity of the rage that is out there.’’ amount to hate speech. Because it covers only violent actions that result in death or bod- investigators with the local community, people OTHER HIGH PROFILE TEXAS CASES ily injury nothing in this legislation prohibits and customs. The limitations of section 245 Vidor, 1994: Civil rights groups sue the Ku lawful expression of deeply held religious be- have limited the opportunity for such collabo- Klux Klan, accusing the group of making ration in many incidents of violence. threats to stop the integration of an all-white liefs. Thus, clergy and other religious persons As I mentioned out the outset, I understand housing project. are not prohibited from decrying any acts, life- Cleveland, 1988: Kenneth Simpson, a black styles, or characteristics that they deem re- the urgency and importance of passing this man arrested for stealing an ink pen, dies in pugnant or contrary to their beliefs. This bill. I would however like to bring up two his jail cell after struggling with white officers, speech is not actionable under this bill and is issues that I would like considered, and that I who are eventually cleared in the death. The in no way proscribed. would like to work with leadership to ensure is police chief resigns under pressure the next The bill specifically provides at Section 8, in included, in conference. year. its Rule of Construction, that ‘‘Nothing in this First, the bill adds a certification requirement Hemphill, 1987: Loyal Garner, a black Lou- Act, or the amendments made by this Act, that is not currently found in section. Specifi- isiana truck driver, is beaten to death in the shall be construed to prohibit any expressive cally, it requires a written certification from the Sabine County jail. Hemphill’s police chief and conduct protected from legal prohibition by, or Attorney General, the Deputy Attorney Gen- two county deputies are eventually convicted any activities protected by the Constitution.’’ eral, the Associate Attorney General, or any of murder, although one deputy’s conviction is Thus, the plain language of the bill makes Assistant Attorney General that the person overturned. clear that clergy or others exercising their First has reason to believe that a hate crime has Mount Enterprise, 1987: Troy Lee Starling, a Amendment right to speech or expression will occurred and the person has consulted with 24-year-old black man, is fatally shot in the not be penalized by this law. Words or con- local and state law enforcement. neck by a state trooper after a high-speed duct that does not result in bodily injury is not This imposes yet another burden upon the chase in Rusk County. The trooper is cleared actionable under this bill. Department of Justice and might infringe upon but Starling’s family files a civil rights suit. This legislation is needed because hate its right to bring and try hate crimes. I do not In December 2005, Chris McKee was beat- crimes have been seriously underreported. see any compelling reason for changing the en by two men. McKee, who is gay, said his FBI statistics have only documented more existing law and adding this additional burden. assailants had followed him after seeing him than 118,000 hate crimes since 1991. In 2007, Similarly, with respect to the Rule of Evi- kiss another man, and anti-gay slurs were au- statistics demonstrated 7,624 bias-motivated dence in section 7(d) of this legislation, it pro- dible on a 911 call he made. His assailants criminal incidents, and police agencies identi- vides the following: were prosecuted under the State hate crimes fied 9,535 victims arising from 9,006 separate ‘‘In a prosecution for an offense under this legislation but they were acquitted. criminal offenses. Racially-motivated bias ac- section, evidence of expression or associa- In May 2006, Joshua Aaron Abbot, now 23, counted for approximately half (50.8 percent) tions of the defendant may not be introduced was acquitted in the 2005 death of 40-year-old of all incidents; religious bias accounted for as substantive evidence at trial, unless the David Wayne Morrison, a gay Denton resident 1,400 incidents (18.4 percent); sexual orienta- evidence specifically relates to that offense. who was HIV-positive. Abbott stabbed Morri- tion bias accounted for 1,265 incidents (16.6 However, nothing in this section affects the son more than 20 times in the face, neck and percent); and ethnicity/national origin ac- rules of evidence governing impeachment of a chest with a pocketknife. counted for 1,007 incidents (13.2 percent). witness.’’ Abbott, who is straight, had gone to Morri- H.R. 1913 will address two serious defi- Thus, this new rule of evidence alters the son’s residence for unknown reasons, and the ciencies in the Federal civil rights crimes, in relevance standard that already exists under pair ended up alone in Morrison’s bedroom. At which a limited set of hate crimes committed the Federal Rules of Evidence. It would seem trial, Abbot claimed Morrison tried to rape him, on the basis of race, color, religion, or national appropriate to use evidence, albeit circumstan- and the jury ruled the defendant acted in self- origin are prohibited. The principal federal hate tial insofar as it is relevant. For example, con- defense. The prosecutors failed to prosecute sider the following hypothetical that a hate the case as a hate crime because it was not crimes statutes are 18 U.S.C. sec. 245 and 42 crime is perpetrated but under the current con- clear that Morrison’s sexual orientation was U.S.C. sec. 3631, this bill expands the appli- struction of section 7(d), it would be inadmis- the sole motivating factor. However, the pros- cation of hate crimes legislation. In the last forty years, limitations in section ecutor admitted that Morrison’s sexual orienta- sible to proffer evidence that the defendant 245 have become apparent and needed to be tion and HIV-positive status was key. collected racist magazine or paraphernalia un- Since Texas State hate crimes legislation addressed. For example, the existing statute less such paraphernalia was directly used in was passed in 2001, there have been few requires the government not only to prove that the crime or is entered for purposes of im- convictions. In 2007, there were only eight the defendant committed an offense because peachment. It defies reason that the existence convictions. of the victim’s race, color, religion, or national of such paraphernalia is relevant and should These cases provide stark evidence that origin, but also because of the victim’s partici- be admissible to prove that a crime was ra- this bill is needed to federalize hate crimes. pation in one of sex narrowly defined pro- cially motivated. Therefore, I would excise the These crimes are still perpetrated. tected activities. These activities related to en- language in section 7(d). It adds restrictions to Opponents will argue that this bill abrogates rolling/attending schools, participating in or en- the rules of evidence that have no place in the constitutional rights of Freedom of Speech or joying a service, program, facility, or activity inquiry. other First Amendment guarantees under the administered or provided by a state or local Hate crimes are real. The bodily injury, loss Constitution. These arguments have no merit. government, applying for or enjoying employ- of life, and havoc that their perpetration First, all speech is not protected speech. ment, serving in a state court as a juror, trav- wreaks on an individual, a family, community, For example, one does not have the right to elling in or using a facility of interstate com- and the country is wholly unacceptable. I urge scream ‘‘Fire!’’ in a crowded movie theatre. merce, and enjoying the goods or services of my colleagues to support an end to such hate

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crimes and support this bill. Its passage would miliar assistive technologies. Thirty-one states woman TAMMY BALDWIN, and the entire LGBT make America a fuller, freer and more equal and the District of Columbia, including my Equality Caucus for their tireless work to get society that all accorded equal protection home state of Rhode Island, already recognize this bill passed and urge my colleagues to under the laws of the United States. and prosecute these cases as hate crimes. vote ‘‘yes’’ to H.R. 1913. Ms. MCCOLLUM. Mr. Speaker, I rise in However, there is still no uniform recognition Mr. LEWIS of Georgia. Mr. Speaker, while it strong support of the Local Law Enforcement on the national level that a disability could is an honor to be able to participate today’s Hate Crimes Prevention Act (H.R. 1913). This make a person uniquely susceptible to preju- debate, I must say that it gives me feelings of bill makes a profound statement that this dice. Equally troubling is that Rhode Island both joy and sorrow. Sorrow, because in the country will not tolerate violence motivated by law enforcement officials reported that nearly year 2009, I would hope that we should not bigotry and ignorance against its citizens. I 50 percent of hate crime victims were targeted have a need for such a bill. commend Chairman CONYERS for bringing this because of their sexual orientation. Yet even I find it most ironic that some of the very legislation to the floor. as so many Americans joined together to same voices in the community who speak out The message of this bill is clear: the United mourn the loss of Matthew Shepard last Octo- against this bill are the very same voices that States will not tolerate hate crimes. These ber, on the tenth anniversary of his brutal mur- question whether racism and prejudice no crimes are unlike other violent acts of random- der, hate-motivated crimes still go unrecog- longer exist simply because a person of color ness. Targeting people because of their race, nized under federal statute. has been elected President. Racism, preju- religion, ethnicity, sexual orientation, gender or H.R. 1913 has the practical purpose of au- dice, and hate did not disappear on November disability is a form of domestic terrorism. Such thorizing training and grants for local law en- 4th, 2008. Nor did they disappear on January violent crimes send a chilling message to en- forcement officials to facilitate prevention, in- 20th, 2009. tire communities that they are not welcome vestigation and prosecution of hate crimes. Yet it gives me joy that we are able to do and that intolerance and ignorance is alive However, the passing of this bill today is something about it. I grew up in the Deep and well. equally as important as the civil rights legisla- South and faced vile hatred up close, and it Since 1991, the FBI has received more than tion that was enacted several decades ago, gives me joy to vote ‘‘yes’’ on the Local Law 118,000 reports of hate crimes and we know which enforced the principle that our country Enforcement Hate Crimes Prevention Act. that crimes of this nature are frequently under- does not accept targeting any American for vi- Today we proclaim that our country will not reported. Current federal law covers crimes olence or discrimination based on hatred. I stand for, and will not tolerate hate crimes. committed based on a person’s race, color, re- urge my colleagues to join me in fighting big- This bill is the right thing to do. It protects ligion, or national origin. H.R. 1913 extends otry that threatens our communities by voting our citizens, our nation; our principles and our federal protection to include hate crimes com- for the Local Law Enforcement Hate Crimes values. mitted because of a person’s gender, sexual Prevention Act. We are all Americans— orientation, gender identity, or disability. This Ms. SCHAKOWSKY. Mr. Speaker, I rise Black Americans, White Americans, His- bill allows the federal government to provide today in strong support of H.R. 1913, the panic Americans, Asian Americans, Native needed federal resources to state and local Local Law Enforcement Hate Crimes Preven- American, Christian Americans, Jewish Ameri- law enforcement officials to prosecute hate tion Act. I am a cosponsor of this legislation cans, Muslim Americans, Gay Americans, crimes and also authorizes grants to law en- because we must do all that we can to protect Straight Americans—all Americans. We are forcement agencies that have incurred ex- those who are injured because of their gender, one people and one nation, the American na- penses investigating and prosecuting hate sexual orientation, race, religion, or disability. tion. This bill will bring us one step closer to crime cases. Hate crimes can occur in any community— the Beloved Community, a nation at peace Some opponents of H.R. 1913 have sug- even one as wonderful and diverse as mine. with itself. gested that this bill legislates against thoughts On July 4, 1999—when we should have been A constituent came by my office just yester- and ideas. This is absolutely false. H.R. 1913 celebrating the welcoming and embracing tra- day and spoke about her son who fought in provides local authorities more effective ditions of our great country, my district was Iraq. Her son completed two tours in Iraq. Her means to prosecute violent acts of hate, not rocked by the killing spree of the white su- son has said that he was indeed concerned thoughts or speech. In fact, this bill explicitly premacist, Benjamin Nathaniel Smith. This about his safety. But her son said that he was includes First Amendment free speech protec- madman left us grieving for Ricky Byrdsong, a even more concerned about the safety of his tions for persons accused of acts of hate. former Northwestern University coach, a well- father—a transgender woman, walking the My first vote as a member of the Minnesota known community leader, a deeply religious streets of the United States of America every House of Representatives was for equal rights man, a man who was committed to his family. day. on housing and employment for the gay, les- His only crime was the color of his skin—he President Obama has talked repeatedly bian, bisexual and transgendered (GLBT) was African-American. Smith also murdered about renewing America’s promise. Today, I community. As a Member of Congress, I have Won Joon Yoon, an Asian American student urge my fellow Members to vote ‘‘yes,’’ and now voted for similar federal four times. The from Indiana. keep America’s promise. Local Law Enforcement Hate Crimes Preven- The bill we are considering today takes an Mr. PETERS. Mr. Speaker, I rise today as tion Act must become law so that all Ameri- important step toward making America a more a proud co-sponsor of H.R. 1913, the ‘‘Local cans can fully participate in and enjoy the just society, by closing a glaring loophole in Law Enforcement Hate Crimes Prevention Act rights of a democratic society. our justice system that prevents the Federal of 2009.’’ According to FBI statistics, 118,000 I urge my colleagues to support this legisla- Government from prosecuting cases where hate crimes have been reported since 1991. tion. women, gay, transgender or disabled persons During the same period of time, reported bias Mr. LANGEVIN. Mr. Speaker, I rise to de- are victims of bias-motivated crimes for who motivated crimes based on sexual orientation clare my strong support for H.R. 1913, the they are. These crimes not only devastate vic- has more than tripled, yet the federal govern- Local Law Enforcement Hate Crimes Preven- tims and their family and friends, but they dev- ment currently has no jurisdiction to assist tion Act, and to urge its swift passage in the astate the community to which the victim be- states and municipalities in dealing with even House of Representatives. longs by creating fear and intimidation. Hate the most violent hate crimes against gay and This important legislation would expand the crimes chip away at the very foundations of lesbian Americans. The FBI’s 2007 Uniform federal definition of hate-motivated crimes to what it means to be an American—that all Crime Reports showed that reported violent include gender, sexual orientation, disability people are created equal and are afforded the crimes based on sexual orientation constituted and gender identity. Violence provoked by same freedoms and protections. approximately one out of six hate crimes com- prejudice has no place in our society. It jeop- America must no longer ignore hate crimes mitted in 2007, with 1,265 reported for the ardizes not only the safety of the victims but of any kind. Everyone, regardless of race, sex- year. also their friends and neighbors, and upsets ual, orientation and gender identity, must be The Local Law Enforcement Hate Crimes public order by making people feel threatened equal in the eyes of the law. The passage of Prevention Act of 2009 will provide assistance in their communities. H.R. 1913 will send the powerful message that to state and local law enforcement agencies For example, persons with disabilities are America stands for tolerance and inclusion, and amend federal law to facilitate the inves- often vulnerable to criminal hateful acts be- and is opposed to prejudice in all its forms. I tigation and prosecution of violent, bias-moti- cause they may seem different or use unfa- want to thank my good friend, Congress- vated crimes. This important legislation is

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 9920 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD April 29, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 11101 backed by a number of major law enforcement The SPEAKER pro tempore. All time that transgender individuals who were organizations, including the International Asso- for debate on the bill has expired. not worthy of being defended under the ciation of Chiefs of Police, the National District Pursuant to House Resolution 372, law or were not victims, I wasn’t sure, Attorneys Association, and the National Sher- the previous question is ordered on the but the truth is every American de- iffs Association. bill, as amended. serves to be equally protected. That is This bill will strengthen existing federal law The question is on the engrossment the law. That’s the way it should be. by expanding its jurisdiction to provide protec- and third reading of the bill. That’s the way wherever you go in the tions for crimes directed at individuals be- The bill was ordered to be engrossed country. You don’t find cases that are cause of their gender, gender identity, sexual and read a third time, and was read the held up as poster cases for hate crimes orientation or disability. The bill only applies to third time. that justify the hate crimes. bias-motivated violent crimes and does not im- MOTION TO RECOMMIT The James Byrd family, bless their pinge public speech or writing. Mr. GOHMERT. Mr. Speaker, I have hearts, I grieved with them. And based This bill includes an explicit First Amend- a motion to recommit at the desk. on the evidence that was presented, it ment free speech protection. Pastors, Sunday The SPEAKER pro tempore. Is the was clear that these defendants com- school teachers, and religious leaders cannot gentleman opposed to the bill? mitted a violent crime for which they be prosecuted for the content of their speech. Mr. GOHMERT. Yes. should have gotten the death penalty. Many religious groups have expressed support Mr. CONYERS. Mr. Speaker, I re- The two that did got it appropriately. for the bill, including the Episcopal Church, the serve a point of order. This bill will not affect that case one Evangelical Lutheran Church of America, the The SPEAKER pro tempore. A point bit. It will not affect it. Interfaith Alliance, the Presbyterian Church, of order is reserved. So we have tried to say, look, please the United Synagogue of Conservative Juda- The Clerk will report the motion to don’t divide us. Don’t keep dividing ism, the United Methodist Church, and the recommit. into different categories and say these Congress of National Black Churches. The Clerk read as follows: deserve more protection than these. I am proud to support the Local Law En- Treat us all the same. That has fallen forcement Hate Crimes Prevention Act of 2009 Mr. Gohmert moves to recommit the bill H.R. 1913 to the Committee on the Judiciary on deaf ears. because it is grounded in fundamental Amer- with instructions to report the same back to Every amendment was voted down in ican values: recognizing the dignity of every the House forthwith with the following committee that we tried to present to person, protecting religious freedom, and free- amendments: make it more clear and to treat Ameri- dom of speech. This legislation protects peo- Page 8, line 11, insert ‘‘and shall be subject cans equally. It’s clear the majority to the penalty of death in accordance with ple from violence based on who they are, and has the votes to move forward and pass has explicit protections to ensure that the law chapter 228,’’ after ‘‘or both,’’. Page 9, line 11, after ‘‘or both,’’ insert ‘‘and this. So our effort is then to add other does not punish what people think, feel, or be- worthy classes to this. lieve, but rather actions that physically harm shall be subject to the penalty of death in ac- cordance with chapter 228,’’. For example, in 2004, Private First others. I urge passage of the Local Law En- Page 9, line 4, strike ‘‘or’’. Class Foster Barton of Grove City, forcement Hate Crimes Prevention Act of Page 9, line 4, insert ‘‘, age, status as a cur- Ohio, was brutally beaten. Six wit- 2009. rent or former member of the Armed Forces, nesses who didn’t know Barton said the Ms. ROYBAL-ALLARD. Mr. Speaker, I was or status as a law enforcement officer’’ after person that beat him up was screaming proud to cast my vote along with 249 other ‘‘disability’’. profanities and crude remarks about members of the House of Representatives in Page 8, beginning in line 19, strike ‘‘OR DIS- U.S. soldiers. favor of the Local Law Enforcement Hate ABILITY’’ and insert ‘‘DISABILITY, AGE, STATUS In 2007, a Syracuse woman pleaded Crimes Prevention Act. This legislation will AS A CURRENT OR FORMER MEMBER OF THE guilty for spitting in the face of a Fort protect Americans by expanding the definition ARMED FORCES, OR STATUS AS A LAW ENFORCE- MENT OFFICER’’. Drum soldier she didn’t know. of hate crimes and providing law enforcement Mr. CONYERS. Mr. Speaker, I ask These things happen. My friend from officers with the tools they need to prosecute unanimous consent that there would be Florida in committee had indicated these heinous crimes. The Local Law Enforcement Hate Crimes agreement to dispense with that por- that she was not sure it appeared that Prevention Act is not a cure-all and it will not tion of the motion dealing with the the military should be added as a pro- stop all hate violence, but it will send the mes- armed services. tected class under this bill, that not sage that senseless violence is unacceptable Mr. GOHMERT. I would object. necessarily were they victims. and perpetrators will be punished. Since law The SPEAKER pro tempore. Does the But I can tell you personally, having enforcement sometimes lacks the personnel, gentleman from Michigan care to re- been spat at and on, after Vietnam, resources or determination needed to properly serve his point of order? when I was at Fort Riley, Kansas, and investigate and prosecute hate crimes, this Mr. CONYERS. No, sir, I do not. we were ordered not to wear our uni- measure will give the appropriate agencies the The SPEAKER pro tempore. The res- forms off post in our platoon because of tools they need to combat hate violence in our ervation is withdrawn. violence that was being done to serv- communities. The gentleman from Texas is recog- icemembers. It still happens. It still Under current law, the Federal Government nized for 5 minutes. happens. can only investigate hate crimes motivated by Mr. GOHMERT. Mr. Speaker, the mo- And witness the unseemly events the victim’s race, color, religion or national ori- tion to recommit is simple and outside some of our military hospitals gin. The Hate Crimes Prevention Act extends straightforward. It adds three cat- by those who are so very insensitive. Federal jurisdiction to hate crimes motivated egories to the list of groups in this bill Now even the administration is tar- by the victim’s actual or perceived sexual ori- and provides the death penalty for cer- geting returning veterans as potential entation, gender, gender identity or disability. tain hate crime offenses. extremists. As the report said, ‘‘Re- Because such crimes are directed at an entire I would like to address what our turning veterans possess combat skills group of people and not just one individual, friend from Massachusetts has indi- and experience that are attractive to the bill provides assistance to state and local cated when he talked about the people right-wing extremists.’’ Even the ad- law enforcement to streamline the investiga- who were arrested for their Christian ministration is trying to target vet- tion and prosecution of hate crimes. position, nonviolent, and he kept indi- erans. So we would hope that they were It is my hope that the Senate will quickly cating the charges were dismissed. included. take up and pass this important measure. But as my friend from Massachusetts And there is absolutely no question Hate motivated crimes undermine our commu- would surely know, when you can ar- that law enforcement officers are fre- nities and final passage of this bill has been rest people, even if you don’t pursue quently targeted specifically because delayed for far too long. I look forward to the charges, it has a chilling effect. Over of who they are and because they are day when legislation like this will no longer be and over it has a chilling effect. wearing the uniform and attempting to needed, but until that day comes I applaud And, also, there was some inference protect all the rest of us. We have so passage of the Hate Crimes Prevention Act. in his comments that we may believe many brave public servants. Even in

VerDate Mar 15 2010 14:16 Aug 17, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR09\H29AP9.001 H29AP9 wreier-aviles on DSKDVH8Z91PROD with BOUND RECORD 11102 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 8 April 29, 2009 this building people have given their The targets are not only the par- Johnson (IL) McHugh Roskam lives so that others in the building ticular individuals who are attacked, Johnson, Sam McKeon Royce Jones McMorris Ryan (WI) could have theirs. That needs to be but an extension of everyone in the Jordan (OH) Rodgers Scalise honored. group. The unmistakable intended King (IA) Mica Schmidt The statistics show that even though threat to all is that not only are you King (NY) Miller (FL) Schock the number of hate crimes, or crimes not welcome, but you are despised, and Kingston Miller (MI) Sensenbrenner Kirk Miller (NC) Sessions reportedly committed because of bias you are not safe, and we are coming Klein (FL) Miller, Gary Shadegg or prejudice, are lower now than they after you. Kline (MN) Minnick Shimkus were 10 years ago. Those crimes have But this motion seeks simply to ig- Lamborn Mitchell Shuster Lance Moran (KS) increased against law enforcement. nore these essential facts. Simpson Latham Murphy, Tim Smith (NE) Age is another class that should be Let me talk about the three areas LaTourette Myrick Smith (TX) protected. The statistics are clear, and mentioned. The armed services, for ex- Latta Neugebauer Souder Lee (NY) Nunes we have seen film evidence of elderly Space ample. While people who are disturbed Lewis (CA) Nye Stearns being attacked because they were per- at governmental policies and may di- Linder Olson Sullivan ceived as elderly and less able to pro- Lipinski Paulsen rect anger at the military, members of Taylor LoBiondo Pence tect themselves. They deserve to be the armed services are not victims of Terry Lucas Petri protected. These are classes that Thompson (PA) bias-based prejudice or hatred. To the Luetkemeyer Pitts should be. contrary, they are honored for their Lummis Poe (TX) Thornberry And then we come to another issue, Lungren, Daniel Posey Tiahrt service to our Nation, with national Tiberi and that is the fact that the hate holidays in their honor, memorials, E. Radanovich Manzullo Rehberg Turner crimes bill, as proposed, will not affect and other economic benefits, all of Marchant Reichert Walden one of the hate crime bills held up so which are deserved. But they are not in Marshall Richardson Westmoreland far as a poster case. We will add the the same situation as the groups we Matheson Roe (TN) Whitfield death penalty so it can make a dif- McCarthy (CA) Rogers (AL) Wilson (SC) are seeking to protect in this bill. Be- McCaul Rogers (KY) Wittman ference in those places where there was sides, specific protections for members McClintock Rogers (MI) Wolf a horrible heinous crime. This will of the armed services already exist in McCotter Rohrabacher Young (AK) make a difference. the Federal law——it makes killing McHenry Rooney Young (FL) Mr. CONYERS. I rise in opposition to someone in the military a capital NAYS—241 this motion, Mr. Speaker. crime. The SPEAKER pro tempore. The gen- Abercrombie Edwards (MD) Larsen (WA) The SPEAKER pro tempore. Without Ackerman Edwards (TX) Larson (CT) tleman from Michigan is recognized for objection, the previous question is or- Adler (NJ) Ehlers Lee (CA) 5 minutes. dered on the motion to recommit. Andrews Ellison Levin Mr. CONYERS. I thank you. Baca Ellsworth Lewis (GA) There was no objection. Baird Engel Loebsack I suppose this is the parliamentary The SPEAKER pro tempore. The Baldwin Eshoo Lofgren, Zoe part of the legislative process that a question is on the motion to recommit. Bean Etheridge Lowey ´ motion to recommit has to be enter- The question was taken; and the Becerra Farr Lujan tained, but before I begin my discus- Berkley Fattah Lynch Speaker pro tempore announced that Berman Filner Mack sion about the regrets of it, I still in- the noes appeared to have it. Biggert Frank (MA) Maffei sist on complimenting the Members of Mr. GOHMERT. Mr. Speaker, on that Bishop (GA) Fudge Maloney the House of Representatives who have Bishop (NY) Giffords Markey (CO) I demand the yeas and nays. Blumenauer Gonzalez Markey (MA) understood that there are particular The yeas and nays were ordered. Bono Mack Gordon (TN) Massa acts of violence against the law that The SPEAKER pro tempore. Pursu- Boswell Grayson Matsui are intolerable and should be dealt Boucher Green, Al McCarthy (NY) ant to clause 9 of rule XX, the Chair with as effectively as possible. Boyd Green, Gene McCollum will reduce to 5 minutes the minimum Brady (PA) Grijalva McDermott The question is what is the most ef- time for any electronic vote on the Braley (IA) Gutierrez McGovern fective way. Bright Hall (NY) McIntyre question of passage. Now, what we have been proposing, Brown, Corrine Hare McMahon The vote was taken by electronic de- Cao Harman McNerney since 1968, during the civil rights era, vice, and there were—yeas 185, nays Capps Hastings (FL) Meek (FL) where there was an inability to seek 241, not voting 7, as follows: Capuano Heinrich Meeks (NY) prosecution of violators of civil rights Cardoza Higgins Melancon laws at the State level, a southern [Roll No. 222] Carnahan Hill Michaud Carney Himes Miller, George President, Lyndon Johnson, began re- YEAS—185 Carson (IN) Hinchey Mollohan alizing that there had to be a Federal Aderholt Burton (IN) Flake Castor (FL) Hinojosa Moore (KS) method of dealing with certain crimes Akin Buyer Fleming Chandler Hirono Moore (WI) Alexander Calvert Forbes Clarke Hodes Moran (VA) that were not only violent to the vic- Altmire Camp Fortenberry Clay Hoekstra Murphy (CT) tims but served to send a message of Arcuri Campbell Foster Cleaver Holt Murphy (NY) intimidation to others in that same Austria Cantor Foxx Clyburn Honda Murphy, Patrick class or group. Those groups, we have Bachmann Capito Franks (AZ) Cohen Hoyer Murtha Bachus Carter Frelinghuysen Connolly (VA) Inslee Nadler (NY) listed. Barrett (SC) Cassidy Gallegly Conyers Israel Napolitano These groups are being denied the Barrow Castle Garrett (NJ) Cooper Jackson (IL) Neal (MA) most fundamental protection of lib- Bartlett Chaffetz Gerlach Costello Jackson-Lee Oberstar Barton (TX) Childers Gingrey (GA) Courtney (TX) Obey erty. They are targeted for the most Bilbray Coble Gohmert Crenshaw Jenkins Olver extreme violence by extremists who Bilirakis Coffman (CO) Goodlatte Crowley Johnson (GA) Ortiz have decided, in their own warped view Bishop (UT) Cole Graves Cummings Johnson, E. B. Pallone of how we should exist among each Blackburn Conaway Griffith Dahlkemper Kagen Pascrell Blunt Costa Guthrie Davis (CA) Kanjorski Pastor (AZ) other in our society, as people who Boccieri Cuellar Hall (TX) Davis (IL) Kaptur Paul don’t deserve to have life. Boehner Culberson Halvorson Davis (TN) Kennedy Payne Bonner Davis (AL) Harper DeFazio Kildee Perlmutter b 1615 Boozman Davis (KY) Hastings (WA) DeGette Kilpatrick (MI) Peters Boren Deal (GA) Heller Delahunt Kilroy Peterson The groups that are on this protected Boustany Dent Hensarling DeLauro Kind Pingree (ME) list and are identified as where hate Brady (TX) Diaz-Balart, L. Herger Dicks Kirkpatrick (AZ) Platts crime laws kick in are being protected Broun (GA) Diaz-Balart, M. Herseth Sandlin Dingell Kissell Polis (CO) in the same way that has been going on Brown (SC) Dreier Holden Doggett Kosmas Pomeroy Brown-Waite, Duncan Hunter Donnelly (IN) Kratovil Price (GA) all the way back these many years, Ginny Emerson Inglis Doyle Kucinich Price (NC) since 1968. Buchanan Fallin Issa Driehaus Langevin Putnam

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Peterson Simpson Reyes Shea-Porter Van Hollen Farr Lewis (GA) Rodriguez Mack Petri Smith (NE) Rodriguez Sherman Vela´ zquez Fattah Lipinski Ros-Lehtinen Manzullo Pitts Smith (NJ) Ros-Lehtinen Shuler Visclosky Filner LoBiondo Rothman (NJ) Marchant Poe (TX) Smith (TX) Ross Sires Walz Foster Loebsack Roybal-Allard McCarthy (CA) Posey Souder Rothman (NJ) Skelton Wamp Frank (MA) Lofgren, Zoe Rush McCaul Price (GA) Stearns Roybal-Allard Slaughter McClintock Putnam Wasserman Frelinghuysen Lowey Ryan (OH) Sullivan Ruppersberger Smith (NJ) ´ McCotter Radanovich Schultz Fudge Lujan Salazar Tanner Rush Smith (WA) Gerlach Lynch Sa´ nchez, Linda McHenry Rehberg Waters Taylor Ryan (OH) Snyder Giffords Maffei T. McHugh Roe (TN) Watson Terry Salazar Speier Gonzalez Maloney Sanchez, Loretta McIntyre Rogers (AL) Watt Thompson (PA) Sa´ nchez, Linda Spratt Grayson Markey (CO) Sarbanes McKeon Rogers (KY) Waxman Thornberry T. Stupak Green, Al Markey (MA) Schakowsky McMorris Rogers (MI) Sanchez, Loretta Sutton Weiner Green, Gene Marshall Schauer Rodgers Rohrabacher Tiahrt Sarbanes Tanner Welch Grijalva Massa Schiff Melancon Rooney Tiberi Schakowsky Tauscher Wexler Gutierrez Matheson Schrader Mica Roskam Turner Schauer Thompson (CA) Wilson (OH) Hall (NY) Matsui Schwartz Miller (FL) Ross Upton Schiff Thompson (MS) Woolsey Halvorson McCarthy (NY) Scott (GA) Miller (MI) Royce Wamp Schrader Tierney Wu Hare McCollum Scott (VA) Miller, Gary Ryan (WI) Westmoreland Schwartz Titus Yarmuth Harman McDermott Serrano Moran (KS) Scalise Whitfield Scott (GA) Tonko Hastings (FL) McGovern Sestak Murphy, Tim Schmidt Wilson (SC) Myrick Schock NOT VOTING—7 Heinrich McMahon Shea-Porter Wittman Herseth Sandlin McNerney Sherman Neugebauer Sensenbrenner Wolf Berry Granger Teague Higgins Meek (FL) Sires Nunes Sessions Young (AK) Olson Burgess Perriello Hill Meeks (NY) Skelton Shadegg Young (FL) Butterfield Stark Himes Michaud Slaughter Paul Shimkus Hinchey Miller (NC) Smith (WA) NOT VOTING—10 b 1644 Hinojosa Minnick Snyder Hirono Mitchell Space Berry Miller, George Stark Messrs. KIND, FARR, BISHOP of Hodes Mollohan Speier Burgess Murtha Teague Georgia, PETERSON, RUSH, MORAN Holden Moore (KS) Spratt Butterfield Perriello of Virginia, WAMP, CARDOZA, McMA- Holt Moore (WI) Stupak Granger Ruppersberger Honda Moran (VA) Sutton HON, LYNCH and ADLER of New Jer- Hoyer Murphy (CT) Tauscher sey and Mrs. TAUSCHER, Ms. LEE of Inslee Murphy (NY) Thompson (CA) b 1655 California, Ms. WOOLSEY, Ms. Israel Murphy, Patrick Thompson (MS) So the bill was passed. SPEIER and Ms. TITUS changed their Jackson (IL) Nadler (NY) Tierney Jackson-Lee Napolitano Titus The result of the vote was announced vote from ‘‘yea’’ to ‘‘nay.’’ (TX) Neal (MA) Tonko as above recorded. Messrs. WILSON of South Carolina, Johnson (GA) Nye Towns A motion to reconsider was laid on DUNCAN and LUETKEMEYER Johnson, E. B. Oberstar Tsongas Kagen Obey Van Hollen the table. changed their vote from ‘‘nay’’ to Kanjorski Olver Vela´ zquez ‘‘yea.’’ Kaptur Ortiz Visclosky f So the motion to recommit was re- Kennedy Pallone Walden jected. Kildee Pascrell Walz Kilpatrick (MI) Pastor (AZ) Wasserman SUPPORTING THE OBSERVANCE OF The result of the vote was announced Kilroy Payne Schultz NATIONAL CHILD ABUSE PRE- as above recorded. Kind Pelosi Waters VENTION MONTH The SPEAKER pro tempore. The Kirk Perlmutter Watson Kirkpatrick (AZ) Peters Watt question is on the passage of the bill. Kissell Pingree (ME) Waxman The SPEAKER pro tempore (Mr. The question was taken; and the Klein (FL) Platts Weiner WALZ). The unfinished business is the Speaker pro tempore announced that Kosmas Polis (CO) Welch question on suspending the rules and the ayes appeared to have it. Kratovil Pomeroy Wexler agreeing to the resolution, H. Res. 337. Kucinich Price (NC) Wilson (OH) RECORDED VOTE Lance Quigley Woolsey The Clerk read the title of the resolu- Mr. CONYERS. Mr. Speaker, I de- Langevin Rahall Wu tion. mand a recorded vote. Larsen (WA) Rangel Yarmuth The SPEAKER pro tempore. The question is on the motion offered by A recorded vote was ordered. NOES—175 the gentleman from the Northern Mar- The SPEAKER pro tempore. This is a Aderholt Capito Gordon (TN) iana Islands (Mr. SABLAN) that the 5-minute vote. Akin Carney Graves The vote was taken by electronic de- Alexander Carter Griffith House suspend the rules and agree to vice, and there were—ayes 249, noes 175, Austria Chaffetz Guthrie the resolution, H. Res. 337. Bachmann Childers Hall (TX) The question was taken; and (two- not voting 10, as follows: Bachus Coble Harper [Roll No. 223] Barrett (SC) Cole Hastings (WA) thirds being in the affirmative) the Bartlett Conaway Heller rules were suspended and the resolu- AYES—249 Barton (TX) Crenshaw Hensarling tion was agreed to. Abercrombie Brady (PA) Costello Bilbray Culberson Herger Ackerman Braley (IA) Courtney Bilirakis Davis (AL) Hoekstra A motion to reconsider was laid on Adler (NJ) Brown, Corrine Crowley Bishop (UT) Davis (KY) Hunter the table. Altmire Cao Cuellar Blackburn Davis (TN) Inglis Andrews Capps Cummings Blunt Deal (GA) Issa f Arcuri Capuano Dahlkemper Boehner Donnelly (IN) Jenkins Baca Cardoza Davis (CA) Bonner Dreier Johnson (IL) Baird Carnahan Davis (IL) Boozman Duncan Johnson, Sam ANNOUNCEMENT BY THE SPEAKER Baldwin Carson (IN) DeFazio Boren Ehlers Jones Barrow Cassidy DeGette Boustany Ellsworth Jordan (OH) PRO TEMPORE Bean Castle Delahunt Brady (TX) Emerson King (IA) The SPEAKER pro tempore. Pursu- Becerra Castor (FL) DeLauro Bright Fallin King (NY) Berkley Chandler Dent Broun (GA) Flake Kingston ant to clause 8 of rule XX, the Chair Berman Clarke Diaz-Balart, L. Brown (SC) Fleming Kline (MN) will postpone further proceedings Biggert Clay Diaz-Balart, M. Brown-Waite, Forbes Lamborn today on motions to suspend the rules Bishop (GA) Cleaver Dicks Ginny Fortenberry Latham Bishop (NY) Clyburn Dingell Buchanan Foxx LaTourette on which a recorded vote or the yeas Blumenauer Coffman (CO) Doggett Burton (IN) Franks (AZ) Latta and nays are ordered, or on which the Boccieri Cohen Doyle Buyer Gallegly Lee (NY) vote incurs objection under clause 6 of Bono Mack Connolly (VA) Driehaus Calvert Garrett (NJ) Lewis (CA) rule XX. Boswell Conyers Edwards (MD) Camp Gingrey (GA) Linder Boucher Cooper Edwards (TX) Campbell Gohmert Lucas Record votes on postponed questions Boyd Costa Ellison Cantor Goodlatte Luetkemeyer will be taken later.

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