US Senate to Vote on Hate Crimes Bill, Thursday September 27th

[Lovely Rita]

ACTION ALERT from the National Center for Transgender Equality
September 25, 2007

Senate to vote on hate crimes amendment Contact your Senator today!

On Thursday, the Senate will be voting on Senator Kennedy's Hate Crimes amendment to the Defense Authorization Act ( S.1105). We need you to call your Senators now to urge their support of this critical bill, which would extend hate crimes protections to transgender people.

Please, call the Capitol Switchboard at (202) 224-3121 right now; let them know what state you are from and ask to be connected with your Senators.

The language of the amendment is identical to that passed by the U.S. House of Representatives on May 3, 2007 (H.R.1592). It is vital that you contact your Senator today or tomorrow. As you read this, the Radical Right is mobilizing to oppose the federal hate crimes bill and attempt to prevent its passage in the Senate. They're using scare tactics and flat-out lies in hopes of killing the amendment. Make sure that your Senators hear your voice and how important this bill is to you and our community.

The Hate Crimes bill would:

Extend existing federal protections to include "gender identity, sexual orientation, gender and disability"
Allow the Justice Department to assist in hate crime investigations at the local level when local law enforcement is unable or unwilling to fully address these crimes
Mandate that the FBI begin tracking hate crimes based on actual or perceived gender identity
Remove limitations that narrowly define hate crimes to violence committed while a person is accessing a federally protected activity, such as voting.


To find your Senators' contact information, please click http://www.nctequality.org/visit_legislators.html and input your zip code in the box on the lower left.

The time to act is now! Call your Senators today and urge your friends and family to do the same!


---------Additional Information about HR 1592 and S 1105 (Added by TransOhio) ---------------
(information below is published at http://nctequality.org/hatecrimes.html)

Local Law Enforcement Hate Crimes Prevention Act
Important Facts about HR 1592 and S 1105

Why is this bill necessary?

Every act of violence is tragic and harmful, but not all crime is motivated by hate. Hate crimes occur when the perpetrator chooses the victim because of who the victim is or appears to be. These crimes are typically more violent and brutal, often involving attempts to dehumanize and ridicule the attacked individual. The violent murders of individuals like Brandon Teena and Gwen Araujo not only terrorize their friends and family, but the transgender community as a whole. The Local Law Enforcement Hate Crimes Prevention Act ( L.L.E.H.C.P.A.) is absolutely necessary to ensure safety and provide protection to all minority groups.

Existing Federal and State Legislation:

Existing hate crimes laws protect individuals because of their race, color, religion, and national origin. The federal legislation also requires that the crime must have occurred while the victim was attempting to carry out a federally protected activity (voting, going to school, etc.). Forty-five states and the District of Columbia have passed hate crimes legislation—only Arizona, Georgia, Indiana, South Carolina and Wyoming have no relevant statutes—but each state's legislation is different. While all of the forty-five state statues cover race, religion, and ethnicity, only thirty-two of the states cover sexual orientation, thirty-two cover disability, and twenty-eight cover gender. Only eleven cover gender identity.

NCTE's work on federal hate crimes legislation:

Federal hate crimes legislation is one of NCTE's top priorities. We help to co-write the actual legislation. We continue to win the support of Congress members through activities such as our annual Transgender Lobby Day. NCTE provides training to local activists on how to best educate members of Congress on transgender issues, and we provide the most up-to-date information on legislative activities.

What does this bill resolve?

This federal hate crimes legislation would add "gender, sexual orientation, gender identity and disability" to the protected class list. Additionally, this legislation would negate the requirement that the attacked individual has to be attempting to carry out a federally protected activity, such as voting, in order to be covered. The act would also amend the Hate Crimes Statistics Act by adding gender and gender identity thereby requiring the Federal Bureau of Investigation record and document the frequency, location and type of hate-motivated violence against trans people.

What does this legislation do and what is its impact?

The Local Law Enforcement Hate Crimes Prevention Act would:

* Extend existing federal protections to include "gender identity, sexual orientation, gender and disability,"
* Allow the Justice Department to assist in hate crime investigations at the local level when local law enforcement is unable or unwilling to fully address these crimes,
* Mandate that the FBI begin tracking hate crimes based on actual or perceived gender identity,
* Remove limitations that narrowly define hate crimes to violence committed while a person is accessing a federally protected activity, such as voting.

Who supports this legislation?

The Local Law Enforcement Hate Crimes Prevention Act is supported by 26 state Attorneys General and over 280 national law enforcement, professional, education, civil rights, religious, and civic organizations including: President George H.W. Bush's Attorney General Dick Thornburgh; National Sheriffs' Association; International Association of Chiefs of Police; U.S. Conference of Mayors; Presbyterian Church; Episcopal Church; and the Parent's Network on Disabilities.
Myths and Facts about the Local Law Enforcement Hate Crimes Prevention Act

MYTH: Every crime is a hate crime

FACT: Every act of violence is tragic and harmful, but not all crime is motivated by hate. Hate crimes occur when the perpetrator chooses the victim because of who the victim is (or is perceived to be) and are typically more violent and brutal, often involving attempts to dehumanize and ridicule the victim. Additionally, hate crimes not only terrorize individual victims, but also have a chilling effect on entire communities of people.

MYTH: The federal hate crimes law would mandate additional penalties or sentence enhancements.

FACT: NCTE does not and will not support penalty-enhancement legislation of any kind. The federal hate crimes bill does not include any penalty-enhancement provisions.

MYTH: There is very little public support for federal hate crimes legislation.

FACT:Again and again, polls show that the American public strongly supports hate crimes legislation. The Kaiser Family Foundation found that 73-percent of people support hate crimes protections. The LLEHCPA is endorsed by over 175 law enforcement organizations, civil rights groups, and civic and religious organizations, including: President George H.W. Bush's Attorney General Dick Thornburgh; National Sheriffs' Association; International Association of Chiefs of Police; U.S. Conference of Mayors; Presbyterian Church; Episcopal Church; and the Parents Network on Disabilities.

MYTH: Hate crimes laws violate the First Amendment and threaten free speech. Religious individuals who are critical of homosexuality or transgender people would be guilty of committing "thought crimes" and could be subject to arrest.

FACT:This legislation only applies when a person is physically attacked because of their actual or perceived identity. Anti-gay, anti-trans and other types of hate speech, writings, and beliefs would not be criminalized by the hate crimes law.

MYTH: The federal hate crimes act would strip away the right of Christians and other religions to express a negative view of homosexuality/transsexuality.

FACT: The federal hate crimes law would in no way impact the right of individuals to express their religious or personal views. Again, this legislation only applies when actual bodily harm occurs as a result of a bias-motivated attack.

MYTH: We don't need this legislation. There is no hate crime epidemic.

FACT: There is ample evidence that violent, hate-motivated crimes are a widespread and significant problem. While the frequency of these crimes is disturbing, these acts of hate are also distinguished from other types of crime by the chilling impact they have on entire communities of people.

Crimes motivated by hate are also often disproportionately violent. One grim example: Gwen Araujo, a 17-year-old transgender student, was brutally beaten to death in 2002 with a shovel, a barbell, and a frying pan, then strangled, by four men when they learned Gwen was transgender. It is vitally important that our government protects transgender people and other targeted groups from these types of violent hate crimes.

MYTH: Under this bill, federal prosecutors will interfere with or even take over local law enforcement efforts.

FACT: The LLEHCPA is endorsed by over 175 law enforcement organizations. Federal hate crimes legislation only allows for federal assistance when local authorities are unable (due to lack of funds, resources, technology, etc.) or unwilling to investigate or prosecute hate-motivated crimes. This means that local law enforcement agencies will be able to ask for additional monetary assistance and personnel assistance when necessary, preventing the unnecessary furloughing of officers because of lack of funds and providing the most technologically advanced forensics available in the United States.

[Sharon]

The bill has been passed by the Senate today, and now it's up to the President.

Senate Passes Hate Crimes Legislation

by Bob Roehr

Originally printed 09/27/2007 (Issue 1539 - Between The Lines News)

WASHINGTON, DC

The U.S. Senate passed the Matthew Shepard Act on Sept. 27. The
legislation expands federal hate crimes laws to include violence based
upon sexual orientation, gender identity, gender, and disability.

It provides new resources to local law enforcement officials to
address these types of crimes, and allows for federal intervention
when local officials do not fulfill their responsibilities in this
area.

The measure had been tied up in a filibuster at the insistence of far
right groups like the Family Research Council. They have become
apoplectic in arguing that the legislation confers "special rights" on
homosexuals, and have urged their members to contact Congress opposing
it.

The filibuster was broken with a bipartisan 60 to 39 procedural vote,
with 60 votes requires, with 9 Republicans joining all of the
Democrats and 2 Independents. The legislation then passed on a voice
vote as an amendment to the Department of Defense authorization bill.
Sens. Ted Kennedy (D-Mass.) and Gordon Smith (R-Oregon) led the
effort.

The House passed a parallel bill on May 3 by a 237 to 180 margin.

President George W. Bush, through a spokesman, has threatened to veto
the legislation as unnecessary. It is unclear whether he was throwing
a rhetorical bone to the social conservative base of the Republican
Party or if he intends to follow through on that threat. There were
insufficient votes in either chamber to override a veto.

"Today's Senate vote sends a bold and unmistakable message that
violent crimes committed in the name of hate must end," said Judy and
Dennis Shepard, Matthew Shepard's parents. "The Matthew Shepard Act is
an essential step to erasing hate in America and we are humbled that
it bears our son's name. It has been almost nine years since Matthew
was taken from us. This bill is a fitting tribute to his memory and to
all of those who have lost their lives to hate."

Human Rights Campaign (HRC) president Joe Solmonese said, "Today, the
US Senate has sent a clear message to every corner of our country that
we will no longer turn a blind eye to anti-gay violence in America."

"Congress has taken an historic step forward and moved our country
closer to the realization that all Americans, including the GLBT
community, are part of the fabric of our nation." HRC has long pushed
for the legislation. Solmonese urged President Bush to sign it.

"While transgender people still have many obstacles to overcome, we
are overjoyed that the hard work of so many people is coming to
fruition," said Mara Keisling, executive director of the National
Center for Transgender Equality.

National Stonewall Democrats executive director Jon Hoadley, praised
the Senate's action. "By passing this bill with comprehensive
language, this legislation will provide law enforcement agencies with
the tools needed to fully prosecute bias motivated crimes."

http://www.pridesou rce.com/article. shtml?article= 27108

[Kieron Andrew]

i am right in thinking that this only protects the LGB community not TQ?

[Sharon]

i am right in thinking that this only protects the LGB community not TQ?

Nope -- T folk, also :happy::

Extend existing federal protections to include "gender identity, sexual orientation, gender and disability"

[Kieron Andrew]

Nope -- T folk, also :happy::

Extend existing federal protections to include "gender identity, sexual orientation, gender and disability"

:bg: ok then that causes for a party .....sorry was just being cautious :D

[AmberTG]

Well, here's to hoping that the president does something right for a change and signs the bill into law!

[Teresa Amina]

Well, here's to hoping that the president does something right for a change and signs the bill into law!

Better yet that Congress grow some backbone and start overriding those vetos!

[Kieron Andrew]

Better yet that Congress grow some backbone and start overriding those vetos!

now we're talking!

[Sharon]

This thread should be for sharing of information only. Political discussion is not permissable.

And I misspoke above when I stated that Transgendered people were covered by the bill. We were removed at the last minute by some chicken**** pols.

[AmberTG]

I think this legislation is long overdue. It's too bad that the right to "life, liberty, and the pursuit of happiness" has to be so specificly worded to be effective for everybody in this country!

[noname]

You guys certain the bill includes T, g-express and g-ident? I read today that it was taken out at the last minute and would be introduces possibly as a second bill. Can anyone verify the T status in this bill?

thanks

[MsJanessa]

My understanding is that in the House version, Speaker Pelosi sponsered an amendment to remove TGs from coverage under the bill in order to make it more acceptable to the mainstream---apparently in her eyes We are not worthy of the protection the bill gives to gays.

[battybattybats]

Firstly as the Hate-crimes bill and the seperate employment non discrimination one cover non-conformity to gender norms shouldn't this be in a general section as it would protect everyone here? Not just transexuals but crossdressers too (and by extension their families)?

The Hate crime bill was passed attached to defense spending.

It is the employment discrimination bill that is not yet through.
Apparently the predicted vote count wasn't enough so someone called Barney Frank iirc (forgive me I'm an Australian and only vaguely familiar with USA senators/congresspeople) called for the dropping of trans to make it more acceptable to the rest despite the passing of the transd inclusive hate crimes bill.

The immediate response from almost all, the vast, vast majority of LGBT groups to the removal of TGs and gender norms from the bill has been overwhelming! Massive! Enough that the modified bill has been delayed for more consultation. Since then there has also been news that other changes included even further religious exemptions on top of an already substantial list of religious exemptions.

Neither bill is apparently expected to be signed in, both are believed will be vetoed, partciularly the ENDA (employment) Bill leading many to argue that the symbolic victory of passing without trans includion would be more of a defeat than to not be passed.

It is really good to see how many LGB people are calling for TGs to not be left behind or 'thrown under the bus'.

:hugs:

[Sharon]

From a newsblog I received this morning:

Christine Daniels
Los Angeles Times Blog: Woman In Progress
October 3, 2007

http://latimesblogs .latimes. com/womaninprogr ess/2007/ 10/enda-weve- only-.html

The basketball expression for it is "low-bridge. " It is the dirtiest
foul in the sport, the act of suddenly taking out a player's legs as
he or she leaps for a rebound, pass or attempt a jump shot. It's a
cheap and devious move, often appearing to happen spontaneously but
almost always pre-meditated -- and almost always a prelude to a
fight.

That's what happened to the transgender community during the past
week. We were low-bridged. By -- of all people -- Democratic
Congressional leadership that included Barney Frank and Nancy
Pelosi.

In a shocking upset, the transgender community picked itself off the
court, dusted itself off, rubbed its newly scraped elbows and
decided to fight back.

Frank, Pelosi and Co. didn't know what hit them.

They now have a couple weeks to do some research about that, and
they had better use the time well. By trying to exclude transgender
rights from the national Employment Non-Discrimination Act (ENDA),
Frank and his merry band of expedience experts have awakened some
slumbering forces that finally decided that slap in the face No.
27,386 was one too many.

Before Sept. 26, ENDA was the proud product of some hard battles won
by a unified coalition of lesbian, gay, bisexual and transgender
(LGBT) activists and advocates. ENDA seeks to protect civil rights
so fundamental -- and so fundamentally American -- that it seems
absurd we are still haggling over this in late 2007. ENDA simply
states that it is illegal to discriminate against or fire someone
because of the employee's sexual orientation or gender identity.


There is more that can be read in the above link

[AmberTG]

This great article, from none other then Christine Daniels, the quite brave transsexual sports reporter who risked her accomplished career to publicly announce her plan to transition!