What: All Issues : Human Rights & Civil Liberties : Gay Rights : (H.R.1913) A bill providing federal assistance to states, local jurisdictions, and Indian tribes to prosecute hate crimes, and adding disability, age, sexual orientation, and service in the armed forces or law enforcement to the categories of protected classes - - on moving immediately to a vote on the resolution setting the terms for debating the bill
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(H.R.1913) A bill providing federal assistance to states, local jurisdictions, and Indian tribes to prosecute hate crimes, and adding disability, age, sexual orientation, and service in the armed forces or law enforcement to the categories of protected classes - - on moving immediately to a vote on the resolution setting the terms for debating the bill
house Roll Call 219     Apr 29, 2009
Y = Conservative
N = Progressive
Winning Side:
Progressive

H.R. 1913 provided federal assistance to states, local jurisdictions, and Indian tribes to prosecute hate crimes, and added disability, age, sexual orientation, and service in the armed forces or law enforcement, as protected categories. This was on “ordering the previous question”, a procedural motion to move to an immediate vote on the resolution or “rule” setting the terms for House consideration of the bill.

Rep. Hastings (D-FL), who was leading the effort on behalf of the rule, noted that the legislation was motivated in large part by recent hate crimes that had occurred as a result of the sexual orientation of the victim. He argued that its passage would “enhance our country's 233-year tradition of protecting liberty, freedom, and acceptance”, and noted that, under existing federal law, the government “is only authorized (to act) in those cases in which the victim was targeted because of race, color, religion, or national origin.” He went on to say that the federal government needed to make clear that hate crimes committed because of sexual orientation, gender identity, gender, or disability are to be viewed like those motivated by factors such as race or ethnicity.

Referring to arguments he anticipated would be made against the bill as an infringement on free speech, Hastings first said; “(T)his legislation is not about thinking or believing, but acting and harming. This legislation strengthens, not weakens, the First Amendment freedom of speech protections. It prohibits for use as evidence a defendant's speech or association unless specifically related to the crime, and this legislation does not disturb constitutionally protected speech or associations . . . It criminalizes acts of violence against people based on the victim's characteristics.”

Rep. Foxx (R-NC), who was leading the opposition to the rule, said that the overriding issue with this legislation was its “chilling effect” on free expression. She noted that “we have a long tradition of protecting the speech of everyone, from those with the most mainstream ideas to those on the fringe.” Foxx added that “in the end, in a healthy marketplace of ideas where the public square allows for an airing of all ideas . . . bankrupt ideas are destined to fail. We should not live and legislate in fear of bankrupt ideas.” 

Foxx argued that the bill will start the country “down the road towards a public square that is less robust, more restrictive, and that will squelch our cherished constitutional right to free speech. It will establish a new category of criminal activity, which is thought crimes. Today it is the politically correct thought crimes, those directed toward certain protected groups, but . . . it is but a small step to add new types of thought crimes to the list, and suddenly we find ourselves back on the Orwellian threshold of Nineteen Eighty-Four and staring down the specter of the thought police.” Foxx concluded by noting her “distress” over the fact that the rule for considering the bill did not allow amendments to be offered; she claimed that some of the amendments the Republicans wanted to offer would have been approved by the House.

The motion passed by a vote of 234-181. All two hundred and thirty-four “aye” votes were cast by Democrats. Eight other Democrats joined all one hundred and seventy-three Republicans in voting “nay”. As a result, the House moved immediately to vote on the rule setting the terms for debate for H.R. 1913.

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