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Old October 12th, 2008, 08:41 PM   #1 (permalink)
Honey
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Default 10 years after Matthew Shepard's murder, still no federal hate crime law



The Associated Press Laramie WY USA
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A cross constructed of rocks marks the spot along a buck fence east of Laramie, Wyo., in this March 24, 1999 file photo where, on Oct. 7, 1998, University of Wyoming gay college student Matthew Shepard was beaten and left for dead. In the 10 years since, more than 30 states have passed laws addressing bias-related crimes against gays, but gay-rights advocates point to a series of frustrations including the failure of federal hate-crime legislation. (AP Photo/David Zalubowski)

Matthew Shepard's mother still mourns lost opportunities to battle hate crimes and promote a greater tolerance of gays in the 10 years since her 21-year-old son was beaten, tied to a wooden fence and left for dead in a frigid Wyoming pasture.
Though Congress has not passed a federal hate crime law, Judy Shepard is buoyed by enhanced punishments for crimes based on sexual orientation in 31 states and the District of Columbia.
"Ten years have gone by and not that much has changed, and I think that's just really disappointing," said Shepard, who with her husband formed the Matthew Shepard Foundation to promote equality for the gay community.
"We passed up a golden opportunity to set things in motion and make a change and set an example and let it go," she said.
In a case that outraged gay activists and their advocates around the country, Matthew Shepard died Oct. 12, 1998, five days after he was kidnapped, robbed and pistol-whipped by two men he met in a bar. Both men are serving life in prison for the murder, which police said was partly motivated by the fact that Matthew was gay.
Matthew's death after he was left in the cold _ bloodied with severe head injuries _ for 18 hours has produced an outpouring of films, books and plays, but it hasn't seemed to budge the rate of anti-gay violence.

FBI statistics show hate crimes motivated by anti-gay bias have remained at a stable level since Matthew's death. Both in 1998 and in 2006, the latest year for which data is available, roughly 1,200 such crimes were reported _ about 16 percent of all reported hate crimes.
Matthew's mom has other disappointments on her list: The lack of a federal hate crime law; state laws restricting marriage to heterosexual couples; discrimination against gays in the workplace; and the government's refusal to grant gay couples the benefits afforded straight couples.
"What's OK about that?" Shepard asked. "Nothing."
Generally, hate crime laws enhance penalties for bias-motivated crimes, increase funding for the investigation of such crimes or require better record-keeping. Wyoming is among five states _ along with Arkansas, Georgia, Indiana, South Carolina _ that don't have any type of hate crime law. Fourteen states have adopted hate crime laws that don't cover sexual orientation or gender identity, according to the Human Rights Campaign, a Washington, D.C.-based group that promotes equality for gay, lesbian, bisexual and transgender people.
Proponents have pushed for federal action for the past 10 years, coming closest last year when measures to expand the definition of hate crimes to cover sexual orientation passed both houses of Congress. The proposals ultimately fell short, partly because of a veto threat by President Bush.
Under current federal law, hate crimes apply to acts of violence against individuals on the basis of race, religion, color or national origin. Federal prosecutors would have jurisdiction only if the victim is engaged in a specific federally protected activity such as voting.
The bill that passed the U.S. House last year would have extended the hate crime category to include sexual orientation, gender, gender identity or disability. It also would have given federal authorities greater leeway to participate in hate crime investigations and provided $10 million over two years to help local law enforcement officials cover the cost of hate crime prosecutions.
The U.S. Senate version, dubbed the Matthew Shepard Act, was attached to a spending bill for the Iraq war. Sixty Senators voted to support the amendment, but the legislation was later dropped by the House because of its attachment to the defense policy bill.

News Headlines - 10 years after Shepard, no federal hate crime law : Townhall.com
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Old October 12th, 2008, 08:48 PM   #2 (permalink)
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This is pretty shameful. How many people have to die and how horrific must their deaths be before we pass a federal law against hate crimes? Hopefully it will change soon.
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Old October 12th, 2008, 08:55 PM   #3 (permalink)
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Wow. That was a horrific crime and it is truly sad that something national hasn't come of it.

However, I hope Matthew is resting in peace....
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Old October 12th, 2008, 09:27 PM   #4 (permalink)
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I remember how enraged I was when I heard about what happened to him. I just can't believe it's been 10 years.
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Old October 12th, 2008, 11:18 PM   #5 (permalink)
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From LegalMatch.com:
What Groups are Usually Protected?
The FBI definition of hate crime includes race, religion, disability, sexual orientation, and ethnicity/national origin. Different states protect different groups. Some statistics as to what groups are covered are:
  • 21 states protect mental and physical disability (including California, New York, and Illinois)
  • 29 states and the District of Columbia protect sexual orientation
  • 17 states do no explicitly protect sexual orientation (including Colorado, Georgia, and Michigan)
  • 4 states do not have hate crime laws (Arkansas, Indiana, South Carolina, and Wyoming)
  • 3 states and the District of Columbia provide for tougher penalties for crimes based on political affiliation
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Old October 14th, 2008, 09:47 PM   #6 (permalink)
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Ok, forgive me for not understanding. So, help me clear it up?

If you target and kill a gay person simply because they are gay you go to prison for murder, right?

So with a hate crime law would you recieve more jail time for the same murder?

I guess what I don't understand is what the difference is in the punishment of a crime vs. a hate crime.
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