One day after Philadelphia’s adopted a law to outlaw hate crimes based on sexual orientation and gender identity, efforts got underway to close gaps in the federal hate-crimes law.
Congressman Bob Brady (D-First Dist.) introduced legislation Nov. 14 that would expand the federal hate-crimes law to equally protect against crimes committed because of a victim’s sexual orientation or gender identity.
Brady was joined by cosponsor Congressmembers Pat Meehan (R-Seventh Dist.), Allyson Schwartz (D-13th Dist.) and Chaka Fattah (D-Second Dist.).
The proposed bill, assigned to the Judiciary Committee, is designed to provide greater protections in all circumstances.
Federal law already classifies attacks based on sexual orientation as hate crimes because of the 2009 Matthew Shepard Hate Crimes Prevention Act, but unless a prosecutor can prove the crime had a nexus to “interstate commerce,” it can’t be prosecuted in federal court. Prosecutions based on such factors as race or religion do not require this step.
“This bill simply treats hate-crime prosecutions involving gay and lesbian victims no different than attacks based on race or religion,” Meehan said.
Spurred by the recent gay bashing in Philadelphia, Brady hopes to remediate this “travesty” within Pennsylvania and the 13 other states without LGBT-inclusive hate-crime laws.
“Federal law must send a stronger message to the states,” Brady said.
According to Meehan, the “patchwork of state laws leaves the prosecution of hate crimes committed against gay and lesbian Americans uneven. This legislation removes the barriers to federal prosecution and will ensure that the rights of victims targeted because of their sexual orientation are protected.”
Despite Pennsylvania lawmakers’ efforts this fall to amend the state’s hate-crimes laws, it continues to lack LGBT protections.
In Philadelphia, Mayor Nutter last Thursday signed into law a hate-crimes measure that allows for up to 90 days in jail and/or up to $2,000 in fines for offenders found guilty of LGBT-based hate crimes within city limits. This was the final step in the legislation, which had been making its way through City Council since late September, shortly after a gay couple was attacked in Center City.
Philadelphia Commission on Human Relations executive director Rue Landau welcomed the new law.
“The commission is very happy that the mayor signed this bill into law. It is important that Philadelphia takes a stand to protect all of its residents and visitors. And we hope that the state follows our course to ensure equality for everyone.”