Hate crime laws in the United States "protect against hate crimes (also known as bias crimes) motivated by enmity or animus against a protected class. Although state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a person's protected characteristics of race, religions, ethnicity, nationality, gender, sexual orientation gender identity, and disability. (wikipedia)."
I am on a No Place for Hate committee and recently learned about a new law that has not gotten a lot of press. I wonder why! Very recently a hate crime was committed in a Synagogue on Cape Cod, Massachusetts. The kids involved vandalized it and the Rabbi's office, left Nazi swastikas on his computer, and it seemed wanted to be caught because they stayed until the police came. If this had been six months ago in that town it would have been a hate crime because of the laws of that town and our state. Being a No Place for Hate town has made it easier to prosecute and convict people who have committed these crimes. Before the law being talked about below there were five states that had no hate crime law. Even those that did may not have recognized crimes that involve sexual orientation, gender, gender identity, or disabilities.
The most recent FBI statistics show that there were 7,624 hate crimes in 2007. Most of those crimes were based on race. Many victims were targeted because of their religion, ethnicity, or sexual orientation. Crimes against Latinos are on the rise partly because of issue regarding undocumented immigrants. We all remember Matthew Shepard who was killed because he was gay. We remember James Byrd, Jr. who was killed because he was black.
The Federal Law
Finally, finally, finally, on October 22, 2009 the United States Congress sent a clear and loud message to victims' groups. As a sign of support hate crimes are no longer looked at by town or state. A few weeks ago Congress passed the "Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act," and sent it to President Barack Obama, who signed it into law on October 28, 2009. An earlier hate crime law was passed in 1969. This was in response to the assassination of Martin Luther King Jr.
This is the first major federal civil rights legislation to protect people on the basis of their sexual orientation or gender identity.
At the signing of the bill in the White House, President Obama condemned violent crimes meant not to break only bones "but to break spirits." He said: "Today, we have taken another step forward. This is the culmination of a struggle that has lasted more than a decade. ... No one in America should ever be afraid to walk down the street holding the hand of the person they love. At root this is not just about our laws, but who we are as a people." source At this source you can also find people who have negative comments to say about this law.
The new law would let the Justice Department grant state and local officials up to $100,000 to cover the costs of prosecuting a hate crime. This new law lets the Justice Department get involved in ways that states could not. They will provide federal investigators, forensic tools, and money.
As a person who is Jewish learning that a synagogue has been defaced feels like a sword in my heart. I am not different that you are. Why do you hate us so much? The above mentioned crime on Cape Cod brought a meeting - almost a vigil - to the town. People of all religions and ethnicities as well as police and town officials came to give their support saying this cannot happen any more. Although this was religiously motivated it does affect the whole community. If people are capable of this perhaps these same people will be capable of shoving a person in a wheelchair down a flight of steps. You may gasp at that thought but is it really any different?As horrible as hate speech is this is protected by the First Amendment of the United States Constitution. It is only a crime when a person goes beyond hateful speech to take criminal action or incite others to do so that the hate crime law will be triggered. However I have seen it happen twice in the last couple of months - a couple of people were set to speak at colleges. There was such an outcry from students that the talks were canceled. I am not against the First Amendment but there is a fine line between a hate crime and free speech when the speaker is one who represents hate.
Sources
Published by jobythebay
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1 Comments
Post a CommentMassachusetts shows the way as usual...Good for you and Pres. Obama