Editorial
© 2007 Philadelphia Gay News

Halting hate crimes

This week, the Federal Bureau of Investigation reported that 2006 hate-crime incidences based on sexual orientation had risen by 2 percent as a portion of total hate crimes in the previous year.

Out of 7,722 hate crimes, nearly 16 percent were committed based on perceived sexual orientation, up from 14 percent in 2005.

Last week, the Commonwealth Court overturned Pennsylvania’s hate-crime protections for gays and those with disabilities in a 4-1 ruling, basing its decision on the legislative process. (See story on Page 1.) The law had been part of the agriculture code; plaintiffs in the case argued it wasn’t relevant (among other issues).

It is not known if the commonwealth will appeal the ruling to the state Supreme Court or if the legislature will introduce new, ironclad legislation, but Gov. Rendell has already called on lawmakers to immediately approve legislation to reinstate the measure.

For the moment, local police will continue to track hate-crimes data.

Earlier this year, Congress passed legislation in both houses on hate crimes; it is currently in conference awaiting action. When the House passed the Matthew Shepard Act in May, President Bush threatened to veto it. In an effort to outmaneuver the president, the Senate’s version was attached to a defense authorization bill.

Considering the FBI’s new data, it is imperative that hate-crimes legislation move forward quickly. With the current makeup of the U.S. Senate and the president’s pending veto (the legislation probably would not have enough support to overturn a veto), the state must act to protect its citizenry now.

It is somewhat ironic that the group that challenged the hate-crimes law, the anti-gay Repent America, could be considered a religious minority and thus a group that is protected by the existing hate-crimes law.

Hate crimes, based on race, religion, gender or sexual orientation, are by no means new. It could be argued that the Crusades, the Holocaust, ethnic cleansing in Bosnia, Rwandan genocide and lynching of African Americans were all hate crimes. Though the majority of these were based on race or religion, the third largest group is sexual minorities, historically and currently. (Presently, the FBI does not track hate crimes against transgenders.)

As an appeal to the Commonwealth Court’s decision may not be successful, we urge the General Assembly to take up legislation to pass the hate-crimes law and increase protections for gays, lesbians and disabled individuals — groups that have long suffered marginalization and disparagement.