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OpEdNews Op Eds    H3'ed 12/4/09

Will Congress Criminalize Anti-Semitism and Israeli Criticism?

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On April 28, S 909: Matthew Shepard Hate Crimes Prevention Act was introduced "to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes."


On July 15, 2009, the measure was adopted as an amendment to S 1390, the National Defense Authorization Act for Fiscal Year 2010. On July 23, the full measure passed.


On October 8, the House passed HR 2647: National Defense Authorization Act for Fiscal Year 2010 containing hate crimes prevention provisions.


On October 22, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act passed, then on October 28, it became law after president Obama signed it. A same day New York Times Jeff Zeleny article titled, "Obama Signs Hate Crimes Bill" said it:


"expands the definition of violent federal hate crimes to those committed because of a victim's (actual or perceived) sexual orientation (or identity). Under existing federal law, hate crimes are defined as those motivated by the victim's race, color, religion or national origin," even though, short of reading an offender's mind, there's no way to know if a crime was committed for other reasons besides "hate."


Further, the bill doesn't repeal the "don't ask, don't tell" policy, banning gays from the military if they admit their sexual orientation, or the Defense of Marriage Act, defining legal marriage to be between a man and a woman.


In addition, it doesn't address universal civil and human rights; patients' rights to effective health care; students' rights to a good education to the highest level; and everybody's right to the essentials of life, including safe food, water, and clean air; adequate shelter; full protection under the law; and democracy for everyone, not just the elite few.


Nonetheless, the Human Rights Campaign, the nation's largest lesbian, gay, bisexual and transgender advocacy group praised the bill as the "nation's first major piece of civil rights legislation" for LGBT. Others called it advancing civil rights, but critics expressed concerns.

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