[Congressional Record (Bound Edition), Volume 153 (2007), Part 18]
[Senate]
[Pages 25332-25333]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        THE MATTHEW SHEPARD ACT

  Mr. KENNEDY. Madam President, I would like to speak for a moment 
regarding the Hate Crimes Amendment. At a time when our ideals are 
under attack by terrorists in other lands, it is more important than 
ever to demonstrate that we practice what we preach, and that we are 
doing all we can to root out the bigotry and prejudice in our own 
country that leads to violence here at home. Now more than ever, we 
need to act against hate crimes and send a strong message here at home 
and around the world that we will not tolerate crimes fueled by hate.
  Since the September 11 attacks, we have seen a shameful increase in 
the number of hate crimes committed against Muslims, Sikhs, and 
Americans of Middle Eastern descent. Congress has done much to respond 
to the vicious attacks of September 11. We are doing all that we can to 
strengthen our defenses against hate that comes from abroad. We have 
spent billions of dollars in the war on terrorism to ensure that 
international terrorist organizations such as al-Qaida are not able to 
carry out attacks within the United States. There is no reason why 
Congress should not act to strengthen our defenses against hate that 
occurs here at home.
  In Iraq and Afghanistan, our soldiers are fighting for freedom and 
liberty--they are on the front line fighting against evil and hate. We 
owe it to our troops to uphold those same principles here at home.
  Hate crimes are a form of domestic terrorism. They send the poisonous 
message that some Americans deserve to be victimized solely because of 
who they are. Like other acts of terrorism, hate crimes have an impact 
far greater than the impact on the individual victims. They are crimes 
against entire communities, against the whole nation, and against the 
fundamental ideals on which America was founded. They are a violation 
of all our country stands for.
  We are united in our effort to root out the cells of hatred around 
the world. We should not turn a blind eye to acts of hatred and 
terrorism here at home. We should not shrink now from our role as the 
beacon of liberty to the rest of the world. The national interest in 
condemning bias-motivated violence in the United States is strong, and 
so is our interest in condemning bias-motivated violence occurring 
world-wide. When the Senate approves this amendment, we will send a 
message about freedom and equality that will resonate around the world.

[[Page 25333]]

  Hate crimes violate everything our country stands for. These are 
crimes committed against entire communities, against the Nation as a 
whole and the very ideals on which our country was founded.
  The time has come to stand up for the victims of these senseless acts 
of violence--victims like Matthew Shepard, for whom this bill is named, 
and who died a horrible death in 1998 at the hands of two men who 
singled him out because of his sexual orientation. Nine years after 
Matthew's death--9 years--we still haven't gotten it done. How long are 
we going to wait?
  Senator Smith and I urge your support of this bipartisan bill. The 
House has come through on their side and passed the bill. Now it is 
time for the Senate to do the same. This year, we can get it done. We 
came close twice before. In 2000 and 2002, a majority of Senators voted 
to pass this legislation. In 2004, we had 65 votes for the bill and it 
was adopted as part of the Defense authorization bill. But--that time--
it was stripped out in conference.
  The President has threatened to veto this legislation, but we can't 
let that threat stop us from doing the right thing. Let's display the 
same kind of courage that came from David Ritcheson, a victim of a 
brutal hate crime that scarred him both physically and emotionally. 
This spring, David testified before the House Judiciary Committee. He 
courageously described the horrific attack against him the year 
before--after what had been an enjoyable evening with other high school 
students near his home in Spring, TX.
  Later in the evening however, two persons attacked him and one 
attempted to carve a swastika into his chest. He was viciously beaten 
and burned with cigarettes, while his attackers screamed terrible 
epithets at him. He lay unconscious on the ground for 9 hours and 
remained in a coma for several weeks. After a very difficult recovery, 
David became a courageous and determined advocate. Tragically, though, 
this life-changing experience exacted its toll on David and recently he 
took his own life. He had tried so hard to look forward, but he was 
still haunted by this brutal experience.
  My deepest sympathy and condolences go out to David's family and 
friends coping with this tragic loss. David's death shows us that these 
crimes have a profound psychological impact. We must do all we can to 
let victims know they are not to blame for this brutality, that their 
lives are equally valued. We can't wait any longer to act.
  Our amendment is supported by a broad coalition of 210 law 
enforcement, civic, disability, religious and civil rights groups, 
including the International Association of Chiefs of Police, the Anti-
Defamation League, the Interfaith Alliance, the National Sheriff's 
Association, the Human Rights Campaign, the National District Attorneys 
Association and the Leadership Conference on Civil Rights. All these 
diverse groups have come together to say now is the time for us to take 
action to protect our fellow citizens from the brutality of hate-
motivated violence. They support this legislation, because they know it 
is a balanced and sensible approach that will bring greater protection 
to our citizens along with much needed resources to improve local and 
State law enforcement.
  Our bill corrects two major deficiencies in current law. Excessive 
restrictions require proof that victims were attacked because they were 
engaged in certain ``federally protected activities.'' And the scope of 
the law is limited, covering hate crimes based on race, religion, or 
ethnic background alone.
  The federally protected activity requirement is outdated, unwise and 
unnecessary, particularly when we consider the unjust outcomes of this 
requirement. Hate crimes now occur in a variety of circumstances, and 
citizens are often targeted during routine activities that should be 
protected. All victims should be protected--and it is simply wrong that 
a hate crime--like the one against David Ritcheson--can't be prosecuted 
federally because it happened in a private home.
  The bill also recognizes that some hate crimes are committed against 
people because of their sexual orientation, their gender, their gender 
identity, or their disability. Passing this bill will send a loud and 
clear message. All hate crimes will face Federal prosecution. Action is 
long overdue. There are too many stories and too many victims.
  We must do all we can to end these senseless crimes, and I urge my 
colleagues to support cloture on this amendment and to support its 
passage as an amendment to the DOD authorization bill.
  Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  The PRESIDING OFFICER. In my capacity as a Senator from the State of 
Missouri, I ask unanimous consent that the order for the quorum call be 
rescinded.
  Without objection, it is so ordered.

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