was eric holder attorney general when the matthew shepard act was signed

by Lexie Eichmann Published 2 years ago Updated 1 year ago 7 min read

When was the hate crime bill passed?

The bill passed the Senate on September 27, 2007, as an amendment to the Defense Reauthorization bill.

When was the conference report passed?

On October 22, 2009, following a 64–35 cloture vote, the conference report was passed by the Senate by a vote of 68–29. The bill was signed into law on the afternoon of October 28, 2009, by President Barack Obama.

What is the hate crime law?

Hate Crimes Prevention Act is an American Act of Congress, passed on October 22, 2009, and signed into law by President Barack Obama on October 28, 2009, as a rider to the National Defense Authorization Act for 2010 (H.R. 2647) . Conceived as a response to the murders of Matthew Shepard and James Byrd Jr., both in 1998, the measure expands the 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability.

How many hate crimes were committed in 1991?

According to FBI statistics, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% sexual orientation bias, 14% ethnicity bias, and 1% disability bias. Although not necessarily on the same scale as Matthew Shepard's murder, violent incidences against gays and lesbians occur frequently.

When did the hate crimes statistics act start?

In 1990 , Congress passed the Hate Crimes Statistics Act which allowed the government to count the incidence of hate crimes based on religion, race, national origin, and sexual orientation.

When was the gender identity bill introduced?

The bill was introduced for the fourth time into the House on March 30, 2007, by Conyers. The 2007 version of the bill added gender identity to the list of suspect classes for prosecution of hate crimes. The bill was again referred to the Subcommittee on Crime, Terrorism and Homeland Security .

Who opposed the homosexuality act?

James Dobson, founder of the socially conservative Focus on the Family, opposed the Act, arguing that it would effectively "muzzle people of faith who dare to express their moral and biblical concerns about homosexuality". However, H.R. 1592 contains a "Rule of Construction" which specifically provides that "Nothing in this Act...shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or free exercise clauses of, the First Amendment to the Constitution ".

What is the hate crime bill signed by Obama?

President Obama signs the $680 billion defense spending bill that includes the hate crimes law. Washington (CNN) -- President Obama on Wednesday signed a law that makes it a federal crime to assault an individual because of his or her sexual orientation or gender identity.

What is the Defense of Marriage Act?

The Defense of Marriage Act defines marriage, for federal purposes, as a legal union between a man and a woman. It allows states to refuse to recognize same-sex marriages.

How many hate crimes were reported between 1998 and 2007?

More than 77,000 hate-crime incidents were reported by the FBI between 1998 and 2007, or "nearly one hate crime for every hour of every day over the span of a decade," Holder told the Senate Judiciary Committee in June.

Can hate crimes be prosecuted?

However, Holder has said that any federal hate-crimes law would be used only to prosecute violent acts based on bias, not to prosecute speech based on controversial racial or religious beliefs. Former President George W. Bush had threatened to veto a similar measure, but Obama brought a reversal of that policy to the White House.

Is it a crime to assault someone because of their sexual orientation?

Washington (CNN) -- President Obama on Wednesday signed a law that makes it a federal crime to assault an individual because of his or her sexual orientation or gender identity. The expanded federal hate crimes law, hailed by supporters as the first major federal gay rights legislation, was added to a $680 billion defense authorization bill ...

Did Obama stand with Shepard's parents?

Later Wednesday, Obama stood with Shepard's parents and relatives of Byrd at a separate White House event honoring passage of the expanded hate crimes law. Noting reports of 12,000 crimes based on sexual orientation over the past 10 years, Obama called the bill another step in the continuing struggle for protecting human rights.

Overview

Legislative progress

106th Congress The bill (S. 622) was introduced by Senator Edward Kennedy. It was referred to the Judiciary Committee.
The bill was first introduced into the 107 Congress's House of Representatives on April 3, 2001, by Rep. John Conyers and was referred to the Subcommittee on Crime. The bill died when it failed to advance in the committee.

Origin

The Act is named after Matthew Shepard and James Byrd Jr. Shepard was a student who was tortured and murdered in 1998 near Laramie, Wyoming. The attack was widely reported due to him being gay, and the trial employed a gay panic defense. Byrd was an African American man who was tied to a truck by three white supremacists, dragged behind it, and decapitated in Jasper, Texas, in 1998. Shepard's murderers were given life sentences—in large part because his parents sought …

Background

The 1968 federal hate-crime law (18 U.S.C. § 245(b)(2)) extends to crimes motivated by actual or perceived race, color, religion, or national origin, and only while the victim is engaging in a federally protected activity, like voting or going to school. Penalties, under both the existing law and the LLEHCPA (Local Law Enforcement Hate Crimes Prevention Act, originally called the "Local Law Enforcement Enhancement Act"), for hate crimes involving firearmsare prison terms of up to 10 y…

Opposition

James Dobson, founder of the socially conservative Focus on the Family, opposed the Act, arguing that it would effectively "muzzle people of faith who dare to express their moral and biblical concerns about homosexuality". However, H.R. 1592 contains a "Rule of Construction" which specifically provides that "Nothing in this Act...shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or fre…

Enforcement

In May 2011, a man in Arkansas pleaded guilty under the Act to running a car containing five Hispanic men off the road. As a result, he became the first person ever convicted under the Act. A second man involved in the same incident was later convicted under the Act; his appeal of that conviction was denied on August 6, 2012.
In August 2011, one man in New Mexico pleaded guilty to branding a swastikainto the arm of a de…

Court challenges

The constitutionality of the law was challenged in a 2010 lawsuit filed by the Thomas More Law Center; the lawsuit was dismissed.
William Hatch, who pleaded guilty to a hate crime in the New Mexico case, also contested the law on Constitutional grounds. The Tenth Circuit Court of Appeals heard the case (U.S. v. Hatch) and upheld the conviction on June 3, 2013.