The Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act makes clear that victims of hate crimes based on their gender, sexual orientation, disability, or gender identity should be protected under federal law.
The legislation also updates current law by removing the outdated requirement that a victim be engaging in one of a limited number of activities, such as traveling in interstate commerce, in order for the federal government to intervene. The legislation will also amend current law to cover crimes occurring in private residences, so that the federal government can investigate and prosecute hate crimes – regardless of where they occur.
The White House has threatened to veto this legislation, questioning Congress's constitutional authority to strengthen the federal hate crimes law. Prominent constitutional scholars disagree, because the pending legislation is clearly within the power that the Constitution grants to Congress and properly respects the principles of federalism. Claims that the bill will allow prosecutions of "hate speech" are also misleading. The act punishes violence that results in death or bodily injury, not speech. Nothing in the bill will trump any individual's right to free speech.
We urge the president to do the right thing and sign this measure into law. In doing so, he can send an important message that all victims of hate crimes should be protected, reinforcing our founding ideals of liberty and justice for all.
There are no special rights here as opponents like to claim, merely the enforcement of existing rights for another minority.
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