[Congressional Record Volume 154, Number 97 (Thursday, June 12, 2008)]
[Senate]
[Page S5589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    THE MATTHEW SHEPARD ACT OF 2007

  Mr. SMITH. Mr. President, I rise today to speak about the need for 
hate crimes legislation. Each Congress, Senator Kennedy and I introduce 
hate crimes legislation that would add new categories to current hate 
crimes law, sending a signal that violence of any kind is unacceptable 
in our society. Likewise, each Congress I have come to the floor to 
highlight a separate hate crime that has occurred in our country.
  Last month, I came to the floor to speak about the death of Sean 
Kennedy of Greenville, SC. This young man was attacked outside a local 
bar and sustained fatal injuries. His attacker, Stephen Moller, had 
punched him in the face and left a message on a friend of the victim's 
cell phone, calling Sean a faggot and bragging that he had knocked him 
unconscious. Sean died 20 hours later.
  Sean's mother, Elke Parker, watched as Moller pled guilty to 
manslaughter, for which the judge gave him a 5-year sentence. The 
sentence was then reduced to 3 years. For the mother of a son killed in 
a hate crime, this is not justice. Had the Matthew Shepard Act been 
signed into law before Sean's death, prosecutors would have been able 
to charge the defendant with a violent hate crime under the law. 
Additionally, the Federal Government would have been authorized to 
provide investigatory and prosecutorial assistance, which could have 
led to a sentence commensurate with the brutality of this attack.
  After the trial, Elke told reporters that she would push for Federal 
hate crime legislation. ``It may not help Sean today, but I want it to 
help future victims that they can be assured that there is justice. If 
your son or daughter is different, you need to support them for who 
they really need to be,'' she said. I was honored to speak with her 
about this legislation last month and look forward to working with her 
as we push for its passage.
  I believe that the Government's first duty is to defend its citizens, 
to defend them against the harms that come out of hate. The Matthew 
Shepard Act is a symbol that can become substance. I believe that by 
passing this legislation and changing current law, we can change hearts 
and minds as well.

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