Tuesday, September 25, 2007

The Defense Authorization/Hate Crimes Act of 2007   [Byron York]

More on the Democratic leadership's decision to attach a hate-crimes amendment to the crucial defense authorization bill.  In addition to being unrelated to national defense, the war in Iraq, or other similar topics, the Kennedy/Smith amendment would also significantly broaden the definition of hate crimes to include attacks based on "gender identity," whether real or "perceived," and to attacks beyond the "federally protected activities" (like voting) that were covered in earlier laws. Republicans are circulating this discussion of the measure:

Senator Kennedy's amendment is broader than the language [in a similar 2003 bill].  This "hate crimes" amendment includes "gender identity" as a covered class, which the bill defines as "actual or perceived gender-related characteristics."  The 2003 bill did not expressly capture this class of victim.

Note that the amendment's use of the term "perceived" makes it difficult to say that there is any "class" of individuals affected here. Perhaps anybody could be a "hate crime" victim, depending on what a fact-finder concludes the accused "perceived" at the time.

No Senate hearings have been held on this new language.  Senators will have to vote without any real examination of what this new language means, how broadly it could be applied, and how the term "perceived" will be interpreted in practice.

On the Senate floor today, Kennedy explained the proposed law's new features –

The bill also recognizes that some hate crimes are committed against people because of their sexual orientation, their gender, their gender identity, or their disability.  Passing this bill will send a loud and clear message.  All hate crimes will face federal prosecution.  Action is long overdue.  There are too many stories and too many victims.

— and, since the measure is being offered as an amendment to the defense authorization bill, made his own sort of national security connection:

Since the September 11th attacks, we’ve seen a shameful increase in the number of hate crimes committed against Muslims, Sikhs, and Americans of Middle Eastern descent.  Congress has done much to respond to the vicious attacks of September 11th.   We’re doing all that we can to strengthen our defenses against hate that comes from abroad.   We’ve spent billions of dollars in the War on Terrorism to ensure that international terrorist organizations such as al’ Qaeda are not able to carry out attacks within the United States.  There is no reason why Congress should not act to strengthen our defenses against hate that occurs here at home.
 
In Iraq and Afghanistan, our soldiers are fighting for freedom and liberty  —  they are on the front line fighting against evil and hate.  We owe it to our troops to uphold those same principles here at home.

09/25 06:02 PMShare