Senate Delays Final Vote on Defense Authorization Bill, Approves Hate Crimes Amendment

This week, the Senate continued its debate on the FY2005 defense authorization bill (S. 2400), which it began on May 17 (see The Source, 5/21/04 and 6/4/04). Senate Majority Leader Bill Frist (R-TN) has announced his intention to complete the bill by June 22. The House approved its version of the bill (H.R. 4200) on May 20.

During consideration of the bill this week, Sen. Gordon Smith (R-OR) and Sen. Ted Kennedy (D-MA) offered an amendment based on the text of the Local Law Enforcement Enhancement Act (S. 966) that would expand federal hate crimes to include gender, sexual orientation, and disability. Specifically, the amendment would authorize federal technical, forensic, and prosecutorial assistance to states in the investigation and prosecution of hate crimes. Under the amendment, the federal government could not prosecute a case unless the U.S. Attorney General certifies that there is reasonable cause that the crime was motivated by hate and that the state either does not have jurisdiction over the crime, has requested federal assistance, or does not object to federal prosecution. Individuals found guilty of a federal hate crime would be subject to life in prison if death results from the offense. The amendment was adopted, 65-33.

Sen. Michael Enzi (R-WY) said that all crimes “are in some way hate crimes. By enacting hate crime legislation we ironically serve the principle of inequality that this type of legislation seeks to fight against. Violent crimes are horrific and should be punished equally, regardless of the particular ‘bias’ of the perpetrator. A vicious murder should be prosecuted to the fullest extent of the law no matter who the victim is. The value of an individual’s life should not depend on their heritage, ethnicity or lifestyle. If life truly is a sacred gift we should treat every life with the same dignity and respect we all deserve.”

Sen. Kennedy disagreed. “It has been argued that our bill is discriminatory because it singles out hate crimes from other crimes when, in fact, all crimes are hate crimes. That is not true. It is not supported by the history or the law. Every crime is tragic and harmful and has its consequences [but] not all crime is based on hate. Hate crimes are based on bigotry or prejudice. A hate crime occurs when the perpetrator intentionally selects the victim because of who the victim is.” He added, “Because the victims are attacked simply because of who they are, there is little that can be done to avoid being a victim of a hate crime. Hate crimes are twice as likely as other crimes to involve injury to the victim and four times as likely to require hospitalization.”

The Senate also adopted the following amendments:

an amendment by Sen. Richard Durbin (D-IL) that would affirm that the United States must not engage in torture, or cruel, inhumane, or degrading treatment or punishment. The amendment was approved by voice vote;
an amendment by Sen. Patty Murray (D-WA) that would facilitate the availability of child care for children of parents on active duty in connection with Operation Enduring Freedom or Operation Iraqi Freedom. The amendment was approved by voice vote;
an amendment by Sen. John Warner (R-VA) that would provide that the supplemental subsistence allowance, imminent danger pay, family separation allowance, and certain federal assistance be cumulative benefits. The amendment also would require the Department of Defense to report on the availability of social services for members of the Armed Forces. The amendment was approved by unanimous consent; and
an amendment by Sen. Carl Levin (D-MI) that would express the sense of the Senate that perchlorate contamination of ground and surface water is becoming increasingly problematic to the public health of the people in the United States.
the amendment was approved by unanimous consent.