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Editorial: Hate-crimes bill is a human-rights issue

Gender, sexual orientation should be part of national bias law.

Last update: October 13, 2009 - 10:35 AM

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TWO VIEWS

"No American should ever have to suffer persecution or violence because of who they are, how they look or what they believe.''

Rep. NANCY PELOSI, D-Calif. and House speaker, noting that hate crimes have been on her agenda since entering the House 20 years ago

• • •

"The inclusion of 'thought crimes' legislation in what is otherwise a bipartisan bill for troop funding is an absolute disgrace."

Republican Rep. TOM PRICE of Georgia

It's one of the uglier aspects of American life. Across the country, there are still too many violent assaults prompted by skin color, religion or nationality. Case in point: Two black men were recently attacked in Brooklyn Park in what police called racially motivated beatings and robbery.

Because these types of crimes are so offensive, the federal government and many states impose extra penalties. Federal law enacted after Dr. Martin Luther King Jr. was assassinated defined hate crimes as those motivated by a victim's race, color, religion or national origin.

Now Congress is considering expanding that definition to cover those committed because of a victim's gender, sexual orientation, gender identity or disability. The broader definition already exists in some state human-rights laws, including Minnesota's.

Last week the U.S. House voted 282-146 to expand the scope of the law. The hate-crimes issue was one of several that brought an estimated 150,000 gay-rights supporters to Washington, D.C., over the weekend.

Following the House approval, the U.S. Senate is expected to pass the measure, and President Obama has promised to sign it into law. Opponents of the change argue that it isn't necessary because attacks -- regardless of motivation -- are already covered by existing statutes. Assault and murder are crimes, critics say, and the related punishments are enough. No need to add penalties based on what a perpetrator may be thinking while committing a crime. Rep. John Boehner of Ohio, the House Republican leader, called the legislation an example of radical social policy.

There should be room for respectful debate on the issue. It's legitimate to question how effective the expanded law would be and whether it's necessary. But in the end, there should be no room for hate. The FBI says about 8,000 such crimes are reported nationwide each year -- more than half because of racial bias. That's unacceptable in any country, but especially in an increasingly multicultural America.

Expanding the definition of the law would provide protection for innocent Americans by serving as a strong deterrent and by sending an antibias message. We already recognize specific groups of victims in criminal law. For example, additional penalties can be applied to those convicted of crimes against members of law-enforcement agencies. And the bill approved by the House would create a new federal crime to penalize attacks against U.S. service members.

Including other groups in hate-crimes laws reflects America's greater understanding that sexual orientation is no reason to deny basic human rights. Increasingly, schools are adopting programs to halt bullying of gay and lesbian students because they recognize that children need that protection. The proposed federal legislation bears the name of Matthew Shepard, the gay college student who was tortured and beaten to death in Wyoming in 1998 -- in part because he was gay.

That kind of ugly, bias-based violence merits a strong response. A more inclusive hate-crimes bill is a step forward.

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