Senate votes to expand hate crimes protection

Kennedy had fought 10 years to include gays

October 23, 2009|Jim Abrams, Associated Press

WASHINGTON - Physical attacks on people based on their sexual orientation will join the list of federal hate crimes in a major expansion of the civil rights-era law that Congress approved yesterday and sent to President Obama for his signature.

A priority of the late Senator Edward M. Kennedy of Massachusetts that had been on the congressional agenda for a decade, the measure expands current law to include crimes based on gender, sexual orientation, gender identity, or disability. The measure is named for Matthew Shepard, a gay Wyoming college student murdered 11 years ago.

To ensure its passage after years of frustrated efforts, Democratic supporters attached the measure to a must-pass $680 billion defense policy bill the Senate approved 68 to 29. The House passed the defense bill earlier this month.

Many Republicans, normally staunch supporters of defense bills, voted against the bill because of the hate crimes provision. All the no votes were Republicans, except for Senator Russ Feingold, a Wisconsin Democrat, who supported the hate crimes provision but opposes what he says is the open-ended military commitment in Afghanistan.

“The inclusion of the controversial language of the hate crimes legislation, which is unrelated to our national defense, is deeply troubling,’’ said Senator Jeff Sessions, an Alabama Republican.

New England’s senators voted for the bill, including Republicans Judd Gregg of New Hampshire and Susan M. Collins and Olympia J. Snowe of Maine.

Senator Paul G. Kirk Jr. of Massachusetts, Kennedy’s interim replacement, acknowledged that it was unusual for the legislation to be shoe-horned into the defense measure, but said the “rule of law will be stronger in America’’ because of it.

“It’s an extremely important bill and was especially important to Senator Kennedy,’’ Kirk said in a statement. “He worked on it for years to close the loopholes that have prevented effective prosecution of these flagrant crimes that terrorize entire groups of communities across America.’’

“The statistics about hate crimes are shocking and shameful. For far too long, law enforcement has been forced to investigate these vicious crimes with one hand tied behind its back,’’ Kirk added.

The hate crimes law enacted after the assassination of Martin Luther King, Jr., in 1968 centered on crimes based on race, color, religion, or national origin.

The expansion has long been sought by civil rights and gay rights groups. Conservatives have opposed it, contending that it creates a special class of victims. They also have been concerned that it could silence clergymen or others opposed to homosexuality on religious or philosophical grounds.

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