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: JURIST - The Paper Chase

Senate passes bill expanding hate crimes protection for gender and sexual orientation

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] The US Senate approved a bill Thursday that would expand hate crimes law to include crimes motivated by sexual orientation or gender. The Matthew Shepard Hate Crimes Prevention Act would provide federal assistance to state and local authorities to prosecute hate crimes and would allow the federal government to prosecute such crimes that state or local prosecutors do not pursue. Current hate crimes law only protects crimes motivated by race, religion, color, or national origin. The measure was applauded by Senate Majority Leader Harry Reid (D-NV), who called its approval a "victory for all Americans." Senator Jim DeMint (R-SC) opposed the bill on the Senate floor, arguing that the wording of the legislation shows an intent to prosecute speech "if it is part of the broader prosecution of an action that could be perceived as a hate crime." DeMint and others have also raised equal protection concerns for hate crime legislation. The US House of Representatives considered similar legislation in April, approving the measure by 249-175. Both the House and Senate bills include crimes motivated by disabilities as well as gender, sexual orientation, and gender identity. In 2007, the House and Senate passed similar legislation but the broadened language was ultimately removed during House and Senate negotiations.

Full post as published by JURIST - The Paper Chase on July 17, 2009 (boomark / email).