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House acts to expand laws on hate crimes

The new, broader legislation would take aim at offenses based on gender, sexual orientation, and disability.

WASHINGTON - A House vote yesterday put Congress on the verge of significantly expanding hate-crimes law to make it a federal crime to assault people because of their sexual orientation. The legislation would bring major changes to law enacted in the days after the Rev. Dr. Martin Luther King Jr.'s assassination in 1968.

"No American should ever have to suffer persecution or violence because of who they are, how they look, or what they believe," said House Speaker Nancy Pelosi, noting that hate-crimes legislation has been on her agenda since she first entered Congress more than two decades ago.

She added that it had been 11 years since the gay Wyoming college student Matthew Shepard, whose name was attached to the legislation, was murdered.

Civil rights groups and their Democratic allies have come close to expanding the hate-crimes bill several times in the last decade but have always fallen short because of a lack of House-Senate coordination or opposition from President George W. Bush.

But this time it appears they may succeed. The bill was attached to a must-pass $680 billion defense policy bill that the Senate could approve as early as next week. President Obama, unlike his predecessor, has promised to sign it. The late Edward M. Kennedy (D., Mass.) was a longtime advocate of the hate-crimes legislation.

The House vote on the defense bill was 281-146. Unlike usual defense-bill votes, most of those voting in opposition - 131 out of the 146 - were Republicans objecting strenuously to inclusion of what they referred to as "thought crimes" legislation in a defense bill.

"The inclusion of 'thought crimes' legislation in what is otherwise a bipartisan bill for troop funding is an absolute disgrace," said Rep. Tom Price of Georgia, head of the GOP conservative caucus.

GOP opponents were not assuaged by late changes in the bill to strengthen protections for religious speech and association - critics argued that pastors expressing beliefs about homosexuality could be prosecuted if their sermons were connected to later acts of violence against gays.

Supporters countered that prosecution could occur only when bodily injury is involved, and no minister or protester could be targeted for expressing opposition to homosexuality.

The bill also creates a new federal crime to penalize attacks against U.S. service members on account of their service.

Hate-crimes legislation enacted after King's assassination defined hate crimes as those carried out on the basis of race, color, religion, or national origin. It also limits the scope of activities that would trigger federal involvement.

The proposed expansion would include crimes based on gender, sexual orientation, gender identity, or disability. It eases restrictions on federally protected activities.

"The day is within sight when lesbian, gay, bisexual, and transgender people will benefit from updating our nation's hate-crimes laws and giving local law enforcement the tools they need to combat hate violence," said Joe Solmonese, president of the Human Rights Campaign, the nation's largest gay-rights group.


How They Voted

Representatives from the Philadelphia area who voted for the defense policy bill were John Adler (D., N.J.), Robert E. Andrews (D., N.J.), Robert A. Brady (D., Pa.), Michael N. Castle (R., Del.), Charles W. Dent (R., Pa.), Chaka Fattah (D., Pa.), Tim Holden (D., Pa.), Frank A. LoBiondo (R., N.J.), Patrick Murphy (D., Pa.), Allyson Y. Schwartz (D., Pa.), and Joe Sestak (D., Pa.).

Voting against the bill were Jim Gerlach (R., Pa.), Joseph R. Pitts (R., Pa.), and Christopher H. Smith (R., N.J.).

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