Three pastors and family advocate file challenge to federal Hate Crimes Act

Commentary by Kay B. Day

Congress passed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act by including it in the National Defense Authorization Act/2010. At the time Sen. John McCain (R-Ariz.) said, “It is indeed unfortunate that we are using the brave men and women in uniform as leverage to pass hate crimes legislation.”

Months before President Barack Obama signed the Act, as the legislation bounced around Congress, I remarked that language in the Act appeared to be unconstitutional. The Thomas More Law Center appears to agree, having filed a federal lawsuit against Att. Gen. Eric H. Holder to challenge the constitutionality of the Hate Crimes Act.

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Holder pushing hate crimes law expansion again in federal power grab

Attorney General Eric Holder is once again pushing for passage of The Matthew Shepard Hate Crimes Prevention Act of 2009. Holder’s justification has nothing to do with Matthew Shepard, a young gay The Senate Judiciary Committee is headed by neoliberal Sen. Patrick Leahy (D-Vt.) [Photo from Leahy website at US Gov.]man who died in 1998 in Wyoming. Shepard was murdered by 2 locals who agreed to give him a ride home from a bar. Shepard didn’t know the two men were, as one claimed, on a “hard-core bender” from methamphetamines. Widely billed as a hate crime against gays, the two killers told ABC news they were actually after money and drugs, not hatred for gays. Media used the case as a rallying cry for gay rights.

In testimony before the Senate Judiciary Committee, Holder said hate crimes against “certain groups” like Hispanics are on the rise.

That stands to reason, however, based on Census figures. According to a US Census Bureau news release in 2006, “Hispanics accounted for almost half (1.3 million, or 49 percent) of the national population growth of 2.8 million between July 1, 2004, and July 1, 2005.” There is no way of knowing the socio-cultural breakdown of such a large group. While immigrants come to the US as economic refugees, some immigrants come via drug cartels and weapons smuggling groups.

But Holder also admitted hate crimes are not getting worse.

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