Great News! The Hate Crimes Prevention Act (HCPA) of 1999 (S. 622) has been placed on the Senate agenda as part of the Commerce, State and Justice bill and may come to the floor as early as this Tuesday, June 29th.  We need to turn out a huge grassroots effort to get this bill passed.

As many of you are already aware, the Hate Crimes Prevention Act would add three new categories to the federal criminal statutes to prohibit bias crimes committed because of a person’s sex, sexual orientation or disability. It would also remove restrictions in current federal law to allow broad prosecution of hate crimes instead of applying only in such limited circumstances as hate crimes committed as a person is going to school, serving on a jury or voting.

An important change in the bill was made to respond to concerns about any possible impacts on free speech.   There is now a “Finding on First Amendment Concerns and Admissible Evidence,” which states that “Freedom of speech and association are fundamental values protected by the First Amendment.  Consequently, it is the purpose of this Act to criminalize acts of violence, and threats of violence, carried out because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of the victim, not to criminalize mere abstract beliefs unrelated to the elements of the offense.”

A second change involves the inclusion of a Certification Requirement similar to that of the existing U.S. Code on hate crimes, 18 U.S.C. §245 (c)(3), that clarifies which cases fall under federal jurisdiction.  Those two changes should answer the objections that have been made.

If we act, we have a strong chance of passing HCPA.  Currently, there are 38 sponsors, 33 Democrats and 5 Republicans.  Though this number is substantial, we can expect strong and quick opposition from the religious right as soon as they learn that S. 622 will be on the Senate floor.  Thus, to ensure that the HCPA is passed, we must bring the number of sponsors to 51.  In addition, Sen. Orrin Hatch (D-UT) may offer a significantly watered-down version of the act as an amendment; it is essential that such efforts to defeat this bill are nipped in the bud.

Here’s How You Can Help:

This week-end, please call, e-mail, or fax letters to both of your Senators to urge them to support the HCPA when it comes to the floor.  Also, urge them to vote against any retaliatory amendments to weaken the bill.  Remember to contact them by Monday, June 28th, as the bill may reach the floor as early as Tuesday.  The Capitol switchboard main number is (202) 225-3121; just ask for your Senators’ offices.  Thanks for your help and let’s hope we win this one.