Writing Sample 1

Hate Crimes Bill

In October of 1998 Mathew Shepard was kidnapped, beaten, and left to die because he was gay. As a result of this crime, and the 77,000 hate-crime incidents reported between 1998 and 2007, Congress has made the bold move to add legislation to a $680 billion defense authorization bill.[1] With the passing of this bill, assault crimes based on sexual orientation will be prosecuted as a federal offense. The Constitution supports with its Fourteenth Amendment Equal Protection Clause, which provides “the equal protection of the laws to any person within its jurisdiction.”[2]

The bill has already passed in the House and is expected to do the same in the Senate. To pass in the Senate, the bill will need a simple majority vote and is expected to pass without the interruption of debate or filibuster. Although the President will have ten day to sign the bill or veto it, he has promised his support.

Concern has been expressed by several religious groups who fear the passing of such a law will conflict with speech against controversial issues. The fear that it will criminalize conservative protest has been addressed by General Eric Holder, who states the law will only prosecute violent crimes based on bias. The First Amendment will continue to offer these conservative and religious groups the right to protest and speak freely on their convictions.

President Obama made the statement that more legislation of this significance will need to be reviewed, and there is still more progress to be made on these issues. His message is clear, he is in support of this fight. The President is also asking Congress to re-evaluate the Domestic Partners Benefit and Obligations Act, this act will allow benefits to gay and lesbian federal employees that are currently denied. He has asked for a repeal on the “don’t ask, don’t tell” policy for gays serving in the military as well. This policy instituted by the Clinton Administration in 1994, prohibited harassment of closeted gays and lesbians serving in the military but barred openly gay, lesbian individuals from serving. The Congressional Review Act gives Congress the power to review these policies in an expedited process. For regulations changes to occur, they will have to pass both Houses of Congress.[3]

In 2007, the most conclusive data on hate crimes has concluded that 7,624 incidents had occurred in that year alone.[1] If this bill passes the Senate vote, with the President’s approval this will be a step forward for Constitutional Rights, but the battle over same sex marriage and discrimination will continue.

[1] http://politicalticker.blogs.cnn.com/2009/10/22/senate-set-to-vote-on-hate-crimes-bill/

[2] http://en.wikipedia.org/wiki/Equal_Protection_Clause

[3] http://en.wikipedia.org/wiki/Congressional_Review_Act