[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Senate]
[Pages 16236-16237]
[From the U.S. Government Publishing Office, www.gpo.gov]




               MATTHEW SHEPARD HATE CRIMES PREVENTION ACT

  Mr. CARDIN. Mr. President, I rise today to show my support for the 
Matthew Shepard Hate Crimes Prevention Act of 2009.
  On June 15, 2009, Stephen Johns was killed in the U.S. Holocaust 
Museum. On February 12, 2008, Lawrence King, a 15-year-old student, was 
murdered in his high school because he was gay. On election night 2008, 
two men went on an assault spree to find African Americans, because 
then-Senator Obama won the Presidential election. In July 2008, four 
teenagers brutally beat and killed a Mexican immigrant while yelling 
racial epithets. Hate crimes continue to occur in our country every 
day. According to recent FBI data, there were over 7,600 reported hate 
crimes in 2007. That's nearly one every hour of every day. Over 150 of 
those incidents occurred in my own home State of Maryland.
  The number of hate crimes occurring across the country is likely 
underestimated. At least 21 agencies in cities with populations between 
100,000 and 250,000 did not participate in the FBI data collection 
effort for the 2007 report. Additionally, victims may be fearful of 
authorities and may not report these crimes. Local authorities may 
define what constitutes a hate crime differently than other 
jurisdictions. But what we do know is that hate crimes are occurring 
and have increased toward certain groups of individuals.
  According to the recent Leadership Conference on Civil Rights 
Education Fund Report, entitled ``Confronting the New Faces of Hate,'' 
hate crimes against Latinos has been increasing steadily since 2003. 
This marked increase also closely correlates with the increasing heated 
debate over comprehensive immigration reform. There was also a five 
year high in victimization rates in 2007 toward lesbian, gay, bisexual 
and transgendered individuals. That number has increased by almost 6 
percent. The number of White supremacist groups has increased by 54 
percent and African Americans continue to experience the largest number 
of hate crimes, with an annual number essentially unchanged over the 
past 10 years. While religion based offenses decreased, the number of 
reported anti-Jewish crimes increased slightly between 2006 and 2007.
  The Matthew Shepard Hate Crimes Prevention Act is a necessary and 
appropriate response to this ongoing threat to our communities. 
Currently, 45 States and the District of Columbia have enacted hate 
crime laws and have taken a stand against hate in their States. Thirty-
one of those States have already included sexual orientation in their 
definition of what constitutes a hate crime. Twenty-seven States and 
the District of Columbia prohibit violent crimes based upon a victim's 
gender. States have a patchwork of hate crimes statutes which leaves 
gaps which need to be filled in order to have an effective response and 
prosecution of these crimes. The Federal Government has a clear 
responsibility to respond to hate crimes. Current Federal hate crime 
laws are based only on race, color, national origin and religion. We 
need to include gender, disability, gender identity, and sexual 
orientation. Current law also requires the victim to be participating 
in a federally protected activity, like attending school or voting. 
Those who commit hate crimes are not bound to certain jurisdictions and 
neither should the people

[[Page 16237]]

who prosecute them, which is why this legislation removes the 
requirement that a victim be participating in a federally protected 
activity. The Matthew Shepard Hate Crimes Prevention Act will make sure 
all Americans are equally protected against hate crimes.
  The American public supports this goal. According to a Gallup poll 
from 2007, 68 percent of all Americans support extending hate crime 
protection to groups based on sexual orientation and gender identity, 
including 60 percent of Republicans, and 62 percent of individuals who 
frequently attend church. This legislation also enjoys the support of 
43 Senators from both sides of the aisle. The legislation has also 
already passed the House of Representatives.
  This legislation will also provide necessary resources to our State 
and local governments to fight hate crimes. Specifically, it will 
provide grants for State, local and tribal law enforcement entities for 
prosecution, programming and education related to hate crime 
prosecution and prevention. The bill will assist States and provide 
them with additional resources, not diminish their role in managing 
criminal activity within their State. The bill supplements state and 
local law enforcement efforts.
  Additionally, and most importantly, the legislation was carefully 
drafted to maintain protections for Americans' first amendment rights. 
Nothing in this legislation diminishes any American's freedom of 
religion, freedom of speech or press, or the freedom to assemble. The 
Supreme Court has already ruled that such laws do not obstruct free 
speech. Let me be clear, the Matthew Shepard Hate Crimes Prevention Act 
targets violent acts, not speech.
  Hate crimes affect not just the victims; they victimize entire 
communities and make residents fearful. We cannot allow our communities 
to be terrorized by hatred and violence. I encourage my fellow 
colleagues to support the Matthew Shepard Hate Crimes Prevention Act.

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