WASHINGTON - Senator Orrin Hatch, R-Utah, introduced substitute hate crimes legislation yesterday, that does not adequately address the problem of hate violence in this country, according to HRC. Hatch's new legislation, which could be offered as an amendment onto the Commerce, State, Justice Appropriation Bill as early as today, does not expand current law to cover sexual orientation, gender, and disability. Hatch's introduction of the legislation appears to be an effort to undermine support for the Hate Crimes Prevention Act, which does expand categories covered under current law. HCPA could also be offered as an amendment to the appropriations bill today.

"In light of recent brutal anti-gay murders and statistics that show an increase in violent assaults against gay Americans, it is highly irresponsible to exclude sexual orientation from a proposal to combat hate violence," said HRC Political Director Winnie Stachelberg. "I do not understand how Senator Hatch could sit through a hearing and listen to Judy Shepard speak of her murdered gay son, and then offer legislation that does not address the problem of hate violence against gay people."

The Hatch amendment offers four measures that fail to address the growing trend of hate crimes, according to HRC. The proposal allows increased financial assistance to state and local law enforcement agencies, to help them investigate and prosecute hate crimes, but only for hate crimes based on race, religion, and national origin, and does not recognize the federal government's responsibility to address this problem.

"Sexual orientation represents the third highest category of reported hate crimes behind race and religion," said Stachelberg. "Any legislation that fails to include sexual orientation, gender and disability is totally unacceptable. Under the Hatch proposal, a hate crimes victim will have no where to turn if local officials are unwilling or unable to prosecute his or her case."

The new Hatch legislation directs the Department of Justice (DOJ) to perform an analysis of the record of prosecutions in hate crime jurisdictions versus non-hate crime jurisdictions. Data from the 1990 Hate Crime Statistics Act will be used to draw conclusions. The problem is, the Hate Crime Statistics Act is voluntary and inconsistent, leaving an incomplete picture of hate crimes in America, says HRC. For instance, in 1997, the latest reporting period, two states - Hawaii and New Hampshire -- did not participate in reporting. Three states -- Alabama, Mississippi and Arkansas -- each reported zero hate crimes.

"We already know hate crimes are a national problem," said Stachelberg. "How many more people will have to lose their lives or be violently assaulted while we further study this issue?"

Hatch has questioned the constitutionality of HCPA. However, HCPA is fully consistent with established constitutional law, including First Amendment precedent (R.A.V. v. City of St. Paul and Wisconsin v. Mitchell) and the Supreme Court's decision in United States v. Lopez. The existing statute, which HCPA amends, has been upheld under the Commerce Clause, section 5 of the Fourteenth Amendment and the Thirteenth Amendment.

Furthermore, several experts testified on the constitutionality of HCPA including: Eric Holder, deputy attorney general; Jeanine Ferris Pirro, Republican district attorney of Westchester County, N.Y.; and Burt Neuborne, constitutional law professor at New York University Law School.

The Senate has previously supported federal hate crime legislation similar to HCPA. In 1996, the Senate, including Sen. Hatch, voted 98-0 to pass the Church Arson Prevention Act. The Church Arson Prevention Act clarified and expanded the federal role in the investigation and prosecution of bias crimes based on ethnic or racial animus targeted at religious property. While the HCPA does not cover property - only crimes against persons resulting in death or bodily injury - both amendments contain identical language regarding federal authority.

A July 20 "Dear Colleague" letter signed by Sens. Ted Kennedy, D-Mass., Gordon Smith, R-Ore.; Charles Schumer, D-N.Y.; Ron Wyden, D-Ore.; James Jeffords, D-Vt.; Patrick Leahy, D-Vt.; Dianne Feinstein, D-Calif.; and Minority Leader Tom Daschle, D-S.D.; urged support for passage of the HCPA. "Hate crimes are uniquely destructive and divisive," the Senators wrote in their letter. "They injure not only the victim, but the entire community and sometimes the entire country. We are writing to urge you to support the Hate Crimes Prevention Act Amendment."

The Hate Crimes Prevention Act has strong support from President Clinton and the administration has made passage a priority.

The Human Rights Campaign is the largest national lesbian and gay political organization, with members throughout the country. It effectively lobbies Congress, provides campaign support and educates the public to ensure that lesbian and gay Americans can be open, honest and safe at home, at work and in the community.

Might be time to give Hatch a call...

Offices of Senator Orrin Hatch
131 Russell Senate Office Building - Washington, DC 20510
senator_hatch@hatch.senate.gov - (202) 224-5251

8402 Federal Office Building
125 South State St.
Salt Lake City, UT 84138
Telephone: (801) 524-4380
Fax: (801) 524-4379

NEWS from the Human Rights Campaign
919 18th Street, NW, Suite 800
Washington, DC 20006
email: hrc@hrc.org
http://www.hrc.org