The Equality Herald

Pending federal hate crimes legislation that would lay in place protections for LGBTQ citizens. The proposed law is currently under attack by right-wing activists seeking to squelch efforts to criminalize criminal activity targeting LGBTQ citizens on the basis of sexual orientation, gender identity, or disability.

Local Law Enforcement Hate Crimes Prevention Act (Bill # H.R.1592) (LLEHCPA), would extend federal authority for investigation and prosecution of hate violence to those crimes based on the victim’s actual or perceived sexual orientation, gender, gender identity or disability. Senators Edward Kennedy (D-Mass.) and Gordon Smith (R-Ore.) are the chief Senate sponsors of a similar measure introduced in the Senate on April 12., 2007. On the House side, U.S. Reps. John Conyers (D-Mich.) and Mark Kirk (R-Ill.) have sponsored H.R. 1592.

A key provision of the bill extends federal authority to protect citizens of hate crimes regardless of whether or no they are participating in specific federally protected activities such as serving on a jury or attending public school. Current law limits federal prosecution to those activities only. Local law enforcement is responsible for hate crimes prosecution under our existing laws. Tennessee does not, in fact, have a hate crimes law per se, but rather has only a sentencing enhancement provision allowing judges to add prison time or other additional penalties when a defendant is found guilty of another crime against an LGBTQ victim.

In a press release issued by the National Gay and Lesbian Task Force, the frequency of attacks against LGBTQ community members is quantified:

Lesbian, gay, bisexual and transgender (LGBT) people are disproportionately affected by hate violence. According to the FBI, 14 percent of hate crime victims in 2005 were victims of crimes motivated by hatred of lesbian, gay or bisexual people. Moreover, reports produced by the National Gay and Lesbian Task Force (1984–1993) and the National Coalition of Anti-Violence Programs (1994–present) have documented more than 35,000 anti-LGBT crimes over the last 22 years. It is important to note that these statistics are based on reports from only a handful of local LGBT crime victim assistance agencies.

Lack of adequate samples can give a misleading picture regarding the rate of occurrence of such crimes. Local officials, often working without the assistance of an LGBTQ liaison officer, may misinterpret circumstances surrounding criminal acts and discount victim reports that they are based on sexual orientation and gender identity/expression.

Widespread nationally-based support is strong and comes from many non-LGBTQ organizations such as these:

Former President George H.W. Bush’s attorney general, Dick Thornburgh
National Sheriffs’ Association
International Association of Chiefs of Police
National District Attorneys Association
Presbyterian Church
Episcopal Church
Leadership Conference on Civil Rights
National Association for the Advancement of Colored People
National Council of La Raza
Parents Network on Disabilities

Of course, nationally-based LGBTQ organizations such as the National Gay and Lesbian Task Force and the Human Rights Campaign are working hard to insure that this legislation passes successfully.

“Congress is finally poised to more seriously address hate-motivated violence against lesbian, gay, bisexual and transgender people. The recent anti-gay murders of Andrew Anthos in Michigan and Ryan Skipper in Florida are only the latest examples of a depressingly long list of victims of hate violence against our community. It’s a disgrace that bigotry and ignorance have prevented Congress from taking real action to address hate crimes for nearly 20 years. We urge swift passage of this much-needed and long-overdue legislation that states clearly and unequivocally that Americans reject all forms of hate violence,” declares Matt Foreman, executive director of the Task Force.

HRC’s President Joe Solomonese responds as well.

“Apparently legislators are being so heavily bombarded with calls and emails from the radical right that some are getting very nervous about voting for the bill. Knowing how close we are, that's not good.”

Even if you’ve already called your representative about this bill, and even if they've said they'll vote for it, we need you to pick up the phone right now and remind them of your support,” states Solomonese.

Concerned Tennesseans can contact their Congressional representative by clicking on the links below:

TENNESSEE

District	Representative	Party	Hometown
01	David Davis	R	Johnson City
02	John J. Duncan Jr.	R	Knoxville
03	Zach Wamp	R	Chattanooga
04	Lincoln Davis	D	Pall Mall
05	Jim Cooper	D	Nashville
06	Bart Gordon	D	Murfreesboro
07	Marsha Blackburn	R	Brentwood
08	John S. Tanner	D	Union City
09	Steve Cohen	D	Memphis

Hate crimes legislation supporters in other states can find the information they need here: http://clerk.house.gov/member_info/index.html.

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