[Congressional Record Volume 153, Number 144 (Wednesday, September 26, 2007)]
[Senate]
[Page S12136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              HATE CRIMES

  Mr. REID. Mr. President, Matthew Shepard was a 21-year-old student at 
the University of Wyoming when he was savagely beaten on October 6, 
1998. Why? Because he was a homosexual; he was gay. Two men who had 
offered him a ride home robbed and pistol whipped him, beat him so 
severely they smashed his skull. If that wasn't enough for these 
demons, they tied him to a fence with a rope in the cold of winter, 
lonely--you can appreciate it if you spent a few of them in Wyoming--
and left him to die. And he did die. He died of severe head injuries 
less than a week after the beating that was given.
  What happened to Matthew was a tragedy for this young man, of course 
for his family, for other gay men and women who were and have been 
terrorized by this awful crime. It was certainly a tragedy for our 
Nation. The men who murdered Matthew Shepard were not charged with 
committing a hate crime because crimes of violence committed on the 
basis of sexual orientation were not prosecutable as hate crimes under 
Wyoming or Federal law. This is still the case today. The Matthew 
Shepard Local Law Enforcement Enhancement Act would strengthen the 
ability of Federal, State, and local governments to investigate and 
prosecute hate crimes.
  This amendment would remove the current limitation on Federal 
jurisdiction that allows Federal involvement only in cases in which the 
assailant intended to prevent the victim from being engaged in a 
``federally protected activity,'' such as voting. This amendment would 
expand the groups protected under current law to include all hate 
crimes, including those based on disability, gender, sexual 
orientation, gender identity--including race and ethnicity. This 
amendment would provide the Department of Justice the authority to 
assist State and local jurisdictions in prosecuting violent hate crimes 
or taking the lead in such prosecutions where local authorities are 
unwilling or unable to act.
  Unfortunately, some of these crimes of hate-motivated violence have 
been directed to our men and women in uniform.
  Just a few years ago, Alan Schindler, a sailor in the Navy, was 
stomped to death by a fellow serviceman because of his sexual 
orientation.
  A short time after that, PFC Barry Winchell, an infantry soldier in 
the Army, was beaten to death with a baseball bat because his attackers 
believed he was gay. They didn't know--they believed he was gay. To 
them he acted gay, whatever that means.
  In December of 1995, two paratroopers who were members of a group of 
neo-Nazi skinheads at Fort Bragg shot an African-American couple in a 
random, racially motivated double murder that led to a major 
investigation of extremism in our military. These killers and 19 other 
members of this division were dishonorably discharged for neo-Nazi gang 
activities.
  According to a recent Southern Poverty Law Center report, the problem 
is only going to get worse as members of hate groups have been entering 
our military, which is increasingly desperate for new recruits. In 
fact, it used to be if you had committed a crime, any type of crime, 
the military wouldn't take you. You had to have a high school education 
and you certainly couldn't be a member of a gang. They are so desperate 
for military members because of this war we are involved in in Iraq, 
they are taking just about anybody. There are no background checks with 
these new recruits.
  We have to make it clear that crimes of hate in our military will not 
be tolerated, and this amendment does just that. It strengthens the 
Defense authorization bill by sending a clear message that such crimes 
will be punished to the fullest extent of the law.
  Is there a better place to have this amendment than on the Defense 
bill? I think not. We have had it on it before. If we have our military 
around the world fighting terror--and that is what they are doing--
shouldn't we be able to protect our own troops from the terror? 
Shouldn't we be able to protect our own people in this country against 
being terrorized because of their sexual orientation? the color of 
their skin? their religion? The answer, of course, is we should be able 
to do that. They should be able to be protected.
  We have to make it clear that crimes of hate in our military will not 
be tolerated. I repeat that. As we hold ourselves up as a model for the 
ideals of equality, tolerance, and mutual understanding abroad, we have 
a special responsibility to combat hate-motivated violence right here 
at home. Our troops are on the front lines of Iraq, Afghanistan, and 
elsewhere fighting against evil and hate. We owe it to them to uphold 
these same principles at home.
  The Matthew Shepherd Act was introduced this spring at a ceremony 
attended by his parents, Judy and Dennis. I hope that tomorrow we will 
honor the memory of this young man by passing this important 
legislation which is named after him.
  We all remember the brutal killing of James Byrd a few years ago, in 
Texas. This young man, at nighttime, was walking down a street in his 
own hometown when he was seen by some white men. They beat him 
severely, tied him to the back of their car, and dragged him through 
the streets until he was dead.
  We need only look to the recent events in Jena, LA, to see for all 
the progress, racial tensions continue across our country. This 
legislation honors the commitment to justice that is woven deep within 
the fabric of our Nation.

  I certainly urge all of our colleagues to join me in voting for this 
matter in the morning. It is important. It is the least we can do for 
Matthew Shepard and his family.

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