Friday, October 23, 2009

Defense Bill H2647 and more about Hate Crimes

Here is the Defense Bill in it's entirety--over 1500 pages! Click on the title for your reading pleasure! On page 1073 you will find the Matthew Shepard Hate Crimes Act. The bad news is that many of our reps were forced to vote for the Hate Crimes Bill in order to get the much needed Defense Bill passed. Had this bill stood alone in its original form, it most likely would not have passed as it was unpopular, too broad and left too much to interpretation. Attaching it to the Defense Bill virtually ensured its passage. Lessons learned about the muling process--never think a bill is gone, always look for it to reemerge somewhere else in some other form.

That being said there is good news in that they strengthened and clarified the language concerning protection of free speech and religion, among other things. First of all, on page 1073, there is clarification between bodily injury and "solely emotional or psychological harm to the victim." In other words there has to be an actual physical injury sustained by the victim. Hopefully this will keep people from suing clergy for psychological harm inflicted by a sermon, etc. On page 1075 lists protections for free speech and religion which hopefully will provide more protection for clergy and others speaking out against homosexuality. This language was not as clear in the original bill. There is no doubt in my mind that the clarifications are a direct result of constituents contacting their reps concerning the Hate Crimes Bill. If it hadn't been for your efforts the Hate Crimes Bill might have--would have--been passed in its original form and would have been open to all sorts of interpretation. Now at least for the time being it seems free speech and religion are protected. It isn't perfect by any means. I would have preferred the Hate Crimes Bill to be defeated altogether but I take comfort in that at least there has been some effort to preserve our constitutional rights. Even with this success, we must remain ever vigilant.

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