President Obama Signs Hate Crimes Legislation

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States - On Wednesday, US President Obama signed the Matthew Shepard and James Byrd Act expanding the number of groups that are protected under federal hate crimes laws. The legislation extends the previous hate crimes law to include those crimes committed against people because of their gender, sexual orientation, gender identity, or disability. It also allows the Justice Department to take control of an investigation if a state fails to implement hate crimes legislation.

The first hate crimes bill was passed in 1968 following the assassination of Martin Luther King, Jr. That law made it a federal crime to target individuals because of their race, religion, or ethnicity. Under the law, judges were granted the authority to impose harsher sentences on crimes motivated by racial animus. The legislation also granted authority to the Justice Department to assist local law enforcement in investigating hate crimes.

In 2007 alone, there were 7,624 reported hate crimes, fifty percent of which were based on race and seventeen percent on sexual orientation. The recent legislation signed by Obama was first introduced in 1998. Both the House of Representatives and the Senate passed differing versions of the bill since that time but it never made it to the President's desk for his signature. Obama stated at the signing that after waiting ten years for the legislation, "we've passed inclusive hate crimes legislation to help protect our citizens based on what they look like, who they love, how they pray or who they are." 

The legislation is named for two victims of hate crimes. Matthew Shepard was a gay college student who was murdered and tied to a fence because of his sexual orientation. James Byrd was an African American who was chained to a pickup truck and dragged to death because of his race. The families of both victims were in attendance at the historic signing of the law. 

Critics of the legislation believe that it is usurping the power of the states to implement and prosecute violators of their own criminal laws. Forty-five states have hate crimes laws that impose harsher penalties for violators. Proponents of the legislation argue that the expansion of the federal law actually enables states to implement and prosecute their own hate crimes laws and assists those states with limited resources to investigate hates crimes. Judy Shepard, mother of Matthew Shepard, stated that hate crimes legislation provides solace for those minority groups concerned that their government would not provide appropriate protection against bigotry. 

For more information, please see:

AP - Obama Hails Expansion of Hate Crimes Legislation - 29 October 2009

Baltimore Sun - A Blow Against Bias - 29 October 2009

Washington Post - Obama Signs Bill Expanding Hate Protection to Gays - 29 October 2009