State House panel hears argument for adding of LGBT people to hate crime laws

THE ATTACK on a gay couple in Center City last month spurred the House Democratic Policy Committee to change topics before a hearing at the Kimmel Center yesterday afternoon.

"This was originally scheduled to be about nondiscrimination in sports," said state Rep. Brian Sims, D - Phila., whose district encompasses the site of the alleged assault, at 16th and Chancellor streets on Sept. 11.

"But when the hate crime happened, we switched it over so we could make it about hate crimes in general," he said.

Sims served as co-chairman of the hearing yesterday, along with state Rep. Michael Sturla, D-Lancaster, chairman of the House Democratic Policy Committee, which routinely holds hearings around the state on various topics.

Sims is a sponsor of a bipartisan bill that would restore sexual orientation as a protected class under the state's ethnic intimidation statute, allowing those who attack individuals based on their sexual orientation to be charged with hate crimes, which carry greater penalties.

Pennsylvania's hate-crime law was amended in 2002 to include sexual orientation, but the Supreme Court struck it down in 2008 on procedural grounds.

The court found that lawmakers had added the hate-crime amendment to an unrelated bill on agricultural terrorism.

According to District Attorney Seth Williams, who testified in favor of the bill, Pennsylvania's "ethnic intimidation" hate-crime statute currently increases penalties for crimes against individuals based on race, color, religion or national origin. "Restoring sexual orientation and gender identity to the crime of ethnic intimidation would restore an important tool to all prosecutors across the commonwealth," he said.

"Not to cover sexual orientation and gender identity sends a negative message. It says that members of our LGBT community do not count as much as others, are not as important, and ultimately, are not valued as highly."

Last week, Williams charged three people with aggravated assault following the Center City attack.

"I think this is one of those times when people say, 'Well, why would you need this?' I think we've had a glaring example here recently in Philadelphia," said Sturla.

Sims said he hoped yesterday's session built a stronger legislative record upon which to pursue LGBT hate-crime legislation and educated his colleagues in the House.

The hearing followed Mayor Nutter's raising of the rainbow flag at City Hall to mark the celebration of LGBT History Month.