A committee of the Pennsylvania House of Representatives voted to approve legislation this week that would reinstate LGBT protections in the state’s hate-crimes law.
The measure, introduced by Rep. Josh Shapiro (D-153rd Dist.) in March, was passed out of the Judiciary Committee in an 18-8 vote Nov. 17.
The bill would incorporate sexual orientation and gender identity, as well as gender, ancestry and mental and physical disability, as protected classes under the Ethnic Intimidation Act.
The state legislature approved such a measure in 2002, but following a suit from antigay organization Repent America, the Commonwealth Court in 2007 overturned the law on a technicality. The court ruled, and the state Supreme Court upheld last year, that the process by which the bill was adopted — by attaching it as an amendment to an agricultural bill — was unconstitutional.
This week’s committee vote saw support from both sides of the aisle, with 14 of 15 Democratic committee members and four of 11 Republicans voting for the bill. Democrat Joseph Petrarca (55th Dist.) voted against the measure, while Republicans Glen Grell (R-87th Dist.), Kate Harper (61st Dist.), Bernie O’Neill (29th Dist.) and Mike Vereb (150th Dist.) cast votes in favor of it.
Prior to the vote, Rep. Ron Marscio (R-105th Dist.) introduced a series of amendments in an apparent attempt to derail the bill, including a proposal that would extend hate-crimes protections to military veterans and one that would include victims who were targeted for their “political ideology or affiliation.”
“The amendments were disingenuous in intent,” said Steve Glassman, chair of the Pennsylvania Human Relations Commission. “Each was designed to undermine support for the bill by appearing to be supportive of additional protected classes, but with no statistical basis. They were designed to undermine the ability of the law to be effective.”
All amendments were defeated by a bipartisan vote, which Shapiro said he was “pleased with.”
“This issue crosses party lines and is something that should not continue to be demagogued for political purposes, but rather supported, because it is the right thing to do,” he said.
Added Jake Kaskey, policy and programs director for Equality Advocates Pennsylvania: “Today’s bipartisan vote shows that protecting each and every Pennsylvanian, regardless of their sexual orientation or gender identity, is not a Democratic issue or a Republican issue, but rather a moral imperative for our entire commonwealth. Thousands of LGBT Pennsylvanians thank those elected officials that stood up against violence motivated by hate.”
Glassman noted the debate before the vote centered on the contention by opponents that the bill would infringe on First Amendment rights, a sentiment he’s said has been widely promulgated by antigay activists.
“The debate always offered by opponents of this legislation has to do with the claim, the false claim, that it will inhibit free speech,” he said. “What truly inhibits the exercise of free speech is hate crimes themselves. Hate crimes are designated to intimidate an entire group of people and prevent them from fully participating in the democratic process. If particular groups weren’t being targeted for egregious crimes, there would be no need for hate-crimes legislation, and this was recognized on behalf of people of color and people of different ethnic backgrounds. This bill recognizes that additional protected classes in our contemporary world carry with them additional risks for victimization.”
Shapiro said an ongoing “process of education” is required to show legislators and their constituents the real goal of the bill.
“The First Amendment still protects free speech in this country, of course,” Shapiro said. “What this bill says is that if you commit a specific underlying crime and you have to have the requisite malicious intent, then you can be charged with a hate crime. It’s a two-part test, and I think the members of the committee clearly understood that.”
Shapiro said the bill is expected to come to the House floor early next year.
Glassman noted the original 2002 measure won a majority in both the House and Senate that were, at that time, both Republican-controlled, and said he anticipates a similarly strong response when the bill makes it to the House floor.
“Even though there are many new members of the House, there is still an overriding support for this kind of legislation,” he said.
State Sen. Jim Ferlo (D-39th Dist.) introduced a similar bill in the Senate in February, which has eight cosponsors and is presently in the Judiciary Committee.
Lynn Zeitlin, executive director of Equality Advocates Pennsylvania, said she is eager for bipartisan support in the Senate.
“We’re hoping that given the bipartisanship we saw in the committee vote and that we expect to see on the House floor, that it will convince the Senate that this is the time to do this,” she said. “We’re very confident about passage in the House this session and are hopeful that the Senate will follow the House’s lead. The clear bipartisanship of this vote showed that Pennsylvanians really care about protecting people from the most heinous crimes.”
The House bill currently has 41 cosponsors, and Shapiro said he’s been “impressed with the support” from legislators throughout Pennsylvania.
“The time has come to pass this hate-crimes legislation, and I’m very proud to be leading this effort.”
Jen Colletta can be reached at [email protected].