[Congressional Record Volume 153, Number 144 (Wednesday, September 26, 2007)]
[Senate]
[Pages S12126-S12127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            MORNING BUSINESS

  Mr. REID. I ask unanimous consent we now proceed to a period for 
morning business with Senators permitted to speak therein for a period 
of up to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from New York is recognized.
  Mr. SCHUMER. Mr. President, I rise today in strong support of the 
Matthew Shepard Act as an amendment to the DOD authorization bill.
  Federal hate crimes legislation is a much-needed and long missing 
piece of the civil rights and criminal law puzzle.
  First, I would like to thank my friend and colleague, Senator 
Kennedy, for his determination and leadership on this bipartisan 
amendment.
  I would also like to thank my friends and colleagues--Majority Leader 
Reid and Chairman Levin--for their support of hate crimes legislation 
and this amendment. Many people had amendments they wanted on this 
bill, but Senator Levin and Senator Reid understood the importance of 
this legislation.
  Dr. King once said ``In order to answer the question, `where do we go 
from here?'. . . we must first honestly recognize where we are now.''
  We are still in a time where racism and other hatred are ever-
present.
  We are still in a time when our old scars and wounds from times past 
have not healed.
  Yes, we have made progress, but all of us know we have a long way to 
go. And the only way we can get there is if we travel together, as one 
Nation.
  And if our Federal Government can say with one strong, unified voice 
that crimes based on hatred will not be tolerated, then that is a step 
forward.
  And we can also say that those hate-mongers who commit these crimes 
will not get off lightly; but rather will pay the consequences of 
committing a crime against a larger community.
  We can all say this together by voting for the Matthew Shepard Act 
before us today. The act is named for a brave and courageous 
individual, who was killed simply because of who he was. This act 
deserves a quick and strong passage.
  We have been here before. In 2004, this body passed hate crimes 
legislation, only to see it stripped away in conference. And I stand 
before my colleagues today to say--it is time to pass this legislation 
once again.
  Current Federal hate crime laws are inadequate to deal with the 
rising tide of hate crimes that are tearing at the very fabric of our 
communities.
  This legislation would remove the ``federally protected activity'' 
requirement that currently exists, and also expand the groups of 
individuals that are covered by Federal law including sexual 
orientation.
  In addition, this legislation gives much needed resources and 
assistance to State and local law enforcement officials in 
investigating and prosecuting these crimes.
  Let me clear, this legislation allows the Federal Government to act 
only with the consent of State or local law enforcement officials.
  This law can be seen as a backstop--in case State hate crime laws do 
not cover a particular crime, or if State or local officials need the 
resources of Federal law enforcement.
  This should assuage any federalism concerns that some of my 
colleagues may have.
  Additionally, Congress has the clear mandate to act in this arena, 
based on both our authority under the commerce clause and the 13th 
amendment.
  This type of crime--violence based on a person's skin color, 
religion, ethnicity, or other traits and characteristics, are as old as 
slavery itself. It is unconscionable. Matthew Shepard was killed 
because of his sexual orientation. Who can defend that? Who can say we 
should not increase the strength of the laws to deal with that hatred, 
bigotry and nastiness?
  Hate crimes differ from other crimes because the criminals target 
groups of individuals who have been traditionally marginalized or 
stigmatized in our society.
  This violence directly affects an individual's ability to feel safe 
and secure in a particular location, and has the effect of forcing 
people from their homes, or impeding their ability to travel.
  Additionally, hate crimes are greater crimes. These crimes affect an 
entire community. They are not aimed at one individual. In fact, they 
are often not aimed at the individual upon whom they are committed but, 
rather, a much broader group. In that sense, these crimes are anti-
American. They fly in the face of American pluralism, ``E Pluribus 
Unum'' that is on every dollar bill we see. Yes, out of many, one. 
Those who commit hate crimes are saying: No, there are certain groups 
of people who should not become part of the American fabric.

  What could be more un-American than that?
  Hate crimes must stop. The violence directly affects an individual's 
ability to feel safe and secure in a particular location and has the 
effect of forcing people from their homes or impeding their ability to 
travel. But, additionally, they are greater crimes because they affect 
an entire community, not just one individual. In that way, these crimes 
hurt all of us--the American community.
  Because of that, the perpetrators of these crimes should be punished 
for their actions; both Federal and local law enforcement working 
together to punish the perpetrator is an important and sometimes 
necessary signal showing that violence motivated by hatred

[[Page S12127]]

is not tolerated at any level. This legislation enjoys a broad range of 
support from numerous civil rights organizations to the National 
District Attorneys Association; rightfully so, since this affects all 
of us as Americans. I urge my colleague to vote for this important 
piece of civil rights and criminal law.
  I hope we will get an overwhelming vote from both sides of the aisle, 
a condemnation of hatred, a condemnation of pointing to a particular 
group and saying: You don't belong. You can be subject to vicious and 
nasty crimes.
  I yield the floor.
  Ms. KLOBUCHAR. Mr. President, I ask to speak as in morning business 
for 10 minutes.
  The PRESIDING OFFICER. The Senator has that right.

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