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Attack Against Homesexuals Now A Hate Crime

Kristina Dillon

Issue date: 12/22/09 Section: America Today
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Crimes against Homosexuals now a Hate Crime
By: Kristina Dillon

It was eleven years ago this past October when University of Wyoming student 21 year old Matthew Shepard was beaten, tied to a fence, and left to die, all because he was gay.

On Oct. 28, more than a decade later, President Barack Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. The act expanded the 1969 United States federal hate-crime law to include crimes motivated by a racial group, religion, disability, ethnicity, nationality, age, gender, political affiliation, and now sexual orientation.

According to testimony, Shepard's killers, Aaron McKinney and Russell Henderson, robbed, tortured, pistol whipped and tied Shepard to a fence in a remote rural area near Laramie, Wyoming, left him to die. Nearly 18 hours later, Shepard was discovered unconscious. His injuries were too severe to operate; he was taken off life support a few days later.

Though serving life in prison Henderson and McKinney were not charged with a hate crime; there was no such charge in Wyoming at that time. Yet Shepard's murder put a spotlight on gay rights.

Many Mercy College students were familiar with the Shepard case, but most were surprised to find out that crimes against homosexuals were not considered a hate crime until a month ago.

"I thought they were hate crimes," said Mercy College student Jamie Martinez, a social science major. "I guess I never thought that were would be a chance that they weren't, for they are crimes."

In 1999, former President Bill Clinton attempted several times to extend federal hate crimes to include crimes against homosexuals, but his efforts were rejected by the House of Representatives.

"Though I am glad that this act was finally passed, I am disappointed it took so long," said Michael Concklin a Mercy College student. "I would think that something like this would pass with a majority vote," he said.

Religious conservatives that believe this act is unnecessary.

Senator Jim DeMint of South Carolina states that this bill violates the 14th Amendment, and that it is a step closer to the prosecution of "thought crimes."

The FBI has recently released reports stating that hate crimes against homosexuals increased in 2008. Last year there were 7,783 reported hate crimes; 16.7 percent of those were based on sexual orientation, an 11 percent increase from 2007.

"It could just be that more and more people are actually reporting the crimes now, when in the past they were afraid to," said Martinez.

The bill also allocated $5 million to the Justice Department to help local communities investigate hate crimes.

"One of my good friends is gay. He has not come out to his family yet, so if a crime was made against him, though I would urge him to report it, I still don't think he would," said Martinez.

This act is included in the National Defense Authorization Act for 2010.
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