[Congressional Record Volume 144, Number 148 (Friday, October 16, 1998)]
[Extensions of Remarks]
[Page E2222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         SENSE OF THE HOUSE REGARDING MURDER OF MATTHEW SHEPARD

                                 ______
                                 

                               speech of

                        HON. SHEILA JACKSON-LEE

                                of texas

                    in the house of representatives

                       Thursday, October 15, 1998

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I am here today to say that 
this Nation and the United States Congress cannot tolerate intolerance. 
Earlier this week, on October 15, Matthew Shepard, a gay University of 
Wyoming student who was pistol-whipped and lashed to a fence post in a 
vicious attack, died from his injuries without regaining consciousness. 
I want to express my condolences to Matthew's parents, Judy and Dennis, 
and to the entire Shepard family. This is another example of a hate 
crime.
  This brutal attack against Mr. Shepard is not an uncharacteristic, 
once-in-a lifetime manifestation of bitter hatred. Hopefully, we can 
see it for what it really is--merely the tip of the iceberg. This 
gruesome attack illustrates the prejudice and hatred that still exists 
in our society today. Just when you think America may be beginning to 
change its long-standing intolerant ways, a volcanic eruption of hatred 
and prejudice spews forth, and a man like Matthew Shepard is brutally 
attacked because of his sexual orientation.
  The public outrage surrounding this brutal attack has motivated 
Representative Cubin to introduce the Matthew Shepard Resolution. 
Although I agree that we as Members of Congress should express our 
outrage at the barbaric act of violence against Matthew Shepard, I hope 
that we can enact additional legislation which really focuses on the 
issue of hate crimes including those against gays and lesbians in our 
communities. I hope that this painful and devastating incident will 
motivate the Congress to pass H.R. 3081, the ``Hate Crimes Prevention 
Act,'' which would expand Federal jurisdiction to reach serious and 
violent hate crimes. Under the bill, hate crimes that cause death or 
bodily injury because of prejudice can be investigated federally, 
regardless of whether the victim was exercising a federally protected 
right. This hate crime mirrors the hate crime that took place this 
summer in Jasper, Texas; the murder of James Byrd.
  In fact, with each passing year we must endure hearing horrible tales 
of hate-related crimes. Working under the Hate Crime Statistics Act 
(HCSA), the FBI revealed that 8,759 hate crime incidents were reported 
to local authorities in 1996.
  Over 1000 incidents of hate crimes were directed at gays and lesbians 
during 1996. From 1991 through 1996, the percentage of hate crimes 
related to sexual orientation increased from 8-11%. Hate crimes 
committed in recent years include intimidation, simple assault, 
aggravated assault, murder, and forcible rape.
  Unfortunately, the FBI's statistics actually underestimate the sheer 
magnitude of the hate crime crisis. Their figures are misleading 
because less than half of law enforcement agencies report hate crimes 
and only 1,150 record incidents. Moreover, organizations such as the 
Anti-Defamation League (ADL) note that law enforcement agencies 
covering more than 40% of the American population are not included in 
the FBI's statistics.
  It would be unjust, however, to reduce the horrific reality of these 
attacks to mere numbers. Of the 8,579 hate crimes reported, each one 
represents an appalling and disturbing story such as the murder of 
Matthew Shepard.
  In my own city of Houston, Texas, I listened in sorrow as I was told 
about the death of a gay man, Mr. Fred Mangione, who was stabbed 35 
times by members of a neo-Nazi organization in January of 1996. 
Currently, there are Hate Crime Laws including sexual orientation on 
only 21 states and the District of Columbia. My home state of Texas 
seems unclear about these laws, and how to prosecute them, and there 
are 8 states where Hate Crime Legislation, whether racially or anti-
homosexually motivated does not even exist.
  Current law (18 U.S.C. 245) permits Federal prosecution of a hate 
crime only if the crime was motivated by bias based on race, religion, 
national origin, or color, and the assailant intended to prevent the 
victim from exercising a federally protected right. The Hate Crime 
Prevention Act which was introduced by Rep. Schumer and Rep. McCollum 
must be adopted by this Congress. This bill would amend current Federal 
law to include real or perceived sexual orientation, gender and 
disability so that the FBI would be able to investigate and prosecute 
violent hate crimes against gays, lesbians, and bisexuals. Current law 
already allows investigation and prosecution on the basis of race, 
religion, national origin and color.
  Each year, we endure hearing that 6 out of every 10 persons are 
physically attacked because of their race, bias against blacks 
accounting for 38% of the total. Gays and Lesbians of all ethnicities 
must also face the risk of attack and prejudice. We simply cannot 
tolerate the status quo; we cannot accept that our current situation is 
``the best that we can do.'' We rail against foreign nations such as 
China and deride them for their inhumane practices. Yet, how can we 
criticize them when similar acts occur on our own soil?
  This Congress must send a clear message to the American people that 
we will not tolerate hate crimes anymore. In the year 1998, it is truly 
absurd that we must warn people of color, and you have a different 
sexual preference that is different from our own, to walk in groups 
because, in our society, it simply is far too dangerous to walk alone. 
We have endured far too many atrocities, and we have feared for our 
lives for long enough. We must work together and take a stand.
  Congress has an opportunity to pass the Hate Crimes Prevention Act on 
suspension before we leave this Congress, without a committee vote. I 
call on the Republican leadership to act swiftly and decisively to end 
the bitter hatred that is rooted in our society. We cannot tolerate 
intolerance!

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