[Congressional Record Volume 144, Number 148 (Friday, October 16, 1998)]
[Extensions of Remarks]
[Page E2222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENSE OF THE HOUSE REGARDING MURDER OF MATTHEW SHEPARD
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speech of
HON. SHEILA JACKSON-LEE
of texas
in the house of representatives
Thursday, October 15, 1998
Ms. JACKSON-LEE of Texas. Mr. Speaker, I am here today to say that
this Nation and the United States Congress cannot tolerate intolerance.
Earlier this week, on October 15, Matthew Shepard, a gay University of
Wyoming student who was pistol-whipped and lashed to a fence post in a
vicious attack, died from his injuries without regaining consciousness.
I want to express my condolences to Matthew's parents, Judy and Dennis,
and to the entire Shepard family. This is another example of a hate
crime.
This brutal attack against Mr. Shepard is not an uncharacteristic,
once-in-a lifetime manifestation of bitter hatred. Hopefully, we can
see it for what it really is--merely the tip of the iceberg. This
gruesome attack illustrates the prejudice and hatred that still exists
in our society today. Just when you think America may be beginning to
change its long-standing intolerant ways, a volcanic eruption of hatred
and prejudice spews forth, and a man like Matthew Shepard is brutally
attacked because of his sexual orientation.
The public outrage surrounding this brutal attack has motivated
Representative Cubin to introduce the Matthew Shepard Resolution.
Although I agree that we as Members of Congress should express our
outrage at the barbaric act of violence against Matthew Shepard, I hope
that we can enact additional legislation which really focuses on the
issue of hate crimes including those against gays and lesbians in our
communities. I hope that this painful and devastating incident will
motivate the Congress to pass H.R. 3081, the ``Hate Crimes Prevention
Act,'' which would expand Federal jurisdiction to reach serious and
violent hate crimes. Under the bill, hate crimes that cause death or
bodily injury because of prejudice can be investigated federally,
regardless of whether the victim was exercising a federally protected
right. This hate crime mirrors the hate crime that took place this
summer in Jasper, Texas; the murder of James Byrd.
In fact, with each passing year we must endure hearing horrible tales
of hate-related crimes. Working under the Hate Crime Statistics Act
(HCSA), the FBI revealed that 8,759 hate crime incidents were reported
to local authorities in 1996.
Over 1000 incidents of hate crimes were directed at gays and lesbians
during 1996. From 1991 through 1996, the percentage of hate crimes
related to sexual orientation increased from 8-11%. Hate crimes
committed in recent years include intimidation, simple assault,
aggravated assault, murder, and forcible rape.
Unfortunately, the FBI's statistics actually underestimate the sheer
magnitude of the hate crime crisis. Their figures are misleading
because less than half of law enforcement agencies report hate crimes
and only 1,150 record incidents. Moreover, organizations such as the
Anti-Defamation League (ADL) note that law enforcement agencies
covering more than 40% of the American population are not included in
the FBI's statistics.
It would be unjust, however, to reduce the horrific reality of these
attacks to mere numbers. Of the 8,579 hate crimes reported, each one
represents an appalling and disturbing story such as the murder of
Matthew Shepard.
In my own city of Houston, Texas, I listened in sorrow as I was told
about the death of a gay man, Mr. Fred Mangione, who was stabbed 35
times by members of a neo-Nazi organization in January of 1996.
Currently, there are Hate Crime Laws including sexual orientation on
only 21 states and the District of Columbia. My home state of Texas
seems unclear about these laws, and how to prosecute them, and there
are 8 states where Hate Crime Legislation, whether racially or anti-
homosexually motivated does not even exist.
Current law (18 U.S.C. 245) permits Federal prosecution of a hate
crime only if the crime was motivated by bias based on race, religion,
national origin, or color, and the assailant intended to prevent the
victim from exercising a federally protected right. The Hate Crime
Prevention Act which was introduced by Rep. Schumer and Rep. McCollum
must be adopted by this Congress. This bill would amend current Federal
law to include real or perceived sexual orientation, gender and
disability so that the FBI would be able to investigate and prosecute
violent hate crimes against gays, lesbians, and bisexuals. Current law
already allows investigation and prosecution on the basis of race,
religion, national origin and color.
Each year, we endure hearing that 6 out of every 10 persons are
physically attacked because of their race, bias against blacks
accounting for 38% of the total. Gays and Lesbians of all ethnicities
must also face the risk of attack and prejudice. We simply cannot
tolerate the status quo; we cannot accept that our current situation is
``the best that we can do.'' We rail against foreign nations such as
China and deride them for their inhumane practices. Yet, how can we
criticize them when similar acts occur on our own soil?
This Congress must send a clear message to the American people that
we will not tolerate hate crimes anymore. In the year 1998, it is truly
absurd that we must warn people of color, and you have a different
sexual preference that is different from our own, to walk in groups
because, in our society, it simply is far too dangerous to walk alone.
We have endured far too many atrocities, and we have feared for our
lives for long enough. We must work together and take a stand.
Congress has an opportunity to pass the Hate Crimes Prevention Act on
suspension before we leave this Congress, without a committee vote. I
call on the Republican leadership to act swiftly and decisively to end
the bitter hatred that is rooted in our society. We cannot tolerate
intolerance!
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