The Senate approved the hate crimes bill. The following is a press release: National Center for Transgender Equality www.nctequality.org
For immediate release Contact: Mara Keisling
June 15, 2004 (202) 639-6331 mkeisling@nctequality.org
NCTE Notes Passage of Federal Hate Crime Legislation Bill Lacks Desperately-Needed Explicit Transgender Inclusion
Washington, DC – The United States Senate today passed legislation that would allow for enhanced ability to investigate and prosecute hate crimes motivated by actual or perceived sexual orientation, gender and disability. Sixty-five Senators voted in favor of the legislation which was offered by Senator Gordon Smith (R-OR) as an amendment to the Defense Department Authorization Act.
“We are of course pleased any time Congress speaks out against hate violence committed against anyone,” said Mara Keisling, NCTE Executive Director. “Yet we are deeply disappointed that the Senate sponsors would not explicitly name gender identity and expression as an included category. This is especially painful to transgender people this week as we await a verdict in the trial of those accused of murdering Gwen Araujo, a young transgender woman in California.
According to Senators on both sides of the aisle and both sides of this issue, the intent of this legislation is to include transgender people within the category “actual or perceived gender.” Thus, if it is signed into law, authorities would be able to use this language to investigate and prosecute certain incidents of hate violence against transgender people. However, judges and juries may not agree with this interpretation. Moreover, a primary purpose of hate crime laws is to send an unmistakable public message that attacking or killing people because you don’t like who they are is not tolerable in our society. This legislation, as written, simply does not send that message.
“More than one transgender person per month is murdered because of their gender identity or expression,” according to Paisley Currah, board member of the Transgender Law and Policy Institute. “The Senate missed an opportunity to send a very clear message that these crimes are unacceptable. With nine dead so far this year, we need a strong message from our leaders now.”
The Senate has passed this bill twice, both times as amendments to other legislation. Each time, a conference committee stripped the hate crimes language from the bill.
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The National Center for Equality (NCTE) is a social justice organization dedicated to advancing the equality of transgender people through advocacy, collaboration and empowerment. |