The Local Law Enforcement Enhancement Act (LLEEA) passed the U.S. Senate on June 15 with bipartisan support by a 65-33 vote. Current federal law defines hate crimes as "any crime that is motivated by prejudice based on the race, color, religion, or national origin." The LLEEA, Senate Bill 966, would change the federal definition of hate crimes to grant the federal government the "ability to provide assistance for the investigation and prosecution of hate crimes based on real or perceived sexual orientation, gender and disability."

Co-sponsored by Senators Gordon Smith (R-OR), Edward Kennedy (D-MA), and Arlen Specter (R-PA), LLEEA passed the Senate as an amendment to the Department of Defense authorization bill after three previous attempts over the last five years failed.

"Hate crimes legislation sends a signal that violence of any kind is unacceptable," said Senator Smith. "When someone is targeted because of who they are, it is an attack on their entire community, and the values of tolerance that we, as a nation, hold dear."

Human Rights Campaign (HRC) President Cheryl Jacques stated in a press release that this legislation is specifically important to the LGBTQ community. According to HRC, data released in the FBI's report, Crime in the United States In 2002, showed that 16.7 percent of reported hate crimes were "due to bias based on victim's perceived sexual orientation," making bias based on sexual orientation "the third highest category of reported hate crimes."¹

Advocates for transgender rights have criticized the LLEEA because it does not make "specific references to gender identity or expression."² Research conducted by the National Transgender Advocacy Coalition (NTAC) identified at least 25 people "killed due to transgender prejudice" in 2002 alone.³ Still, HRC President Jacques affirms "the bill will impact and protect all members of the community."⁴

The LLEEA has not passed the U.S. House of Representatives. "When this bill enters conference committee with the House, we want to be hopeful that Republicans will keep LLEEA in place. But twice, in 1999 and in 2000, they've stripped that in committee," said John Marble, communications director for the gay and lesbian Democratic group, National Stonewall Democrats (NSD).⁵

A news release from Focus on the Family quoted LLEEA critic Senator Sam Brownback's (KS-R) saying that the legislation was not necessary, "This is a hateful thing to do."⁶

In other news involving federal legislation on LGBTQ issues, the Federal Marriage Amendment (FMA), which is designed to change the U.S. Constitution to define marriage as between one man and one woman, is set to appear before the Senate on July 12. Republican leaders in the House have also made it known that some type of similar debate will occur in that chamber before the summer recess.

The American Civil Liberties Union insists that ratification of the FMA would signify "writing discrimination into the Constitution."⁷

More information on the LLEEA.

This update written by Sarah Vitorino, SIECUS Intern.

References

1. Press Release, "Hate Crimes Based on Sexual Orientation Remain at Disturbingly High Level According to New FBI Report," HRC, October 28, 2003. Accessed online.
2. C. Curtis, "U.S. Senate Approves Hate Crimes Measure," PlanetOut Network, June 15, 2004. Available online.
3. M. Helms, "Transgender Death Statistics," NTAC, July 13, 2003. Available online.
4. C. Curtis.
5. C. Curtis.
6. K. Peters, "Hate-Crimes Legislation Passes Senate," Focus on the Family, June 17, 2004. Available online.
7. Press Release, "Federal Marriage Amendment," ACLU, March 23, 2004. Available online.