Date: Tue, 17 Dec 1996 00:50:20 -0700
From: summers@rt66.com (Bob Summersgill)
Subject: Albuquerque passes Hate Crimes Ordinance

Albuquerque (NM) passes Hate Crimes Ordinance

By Bob Summersgill, for the New Mexico Rainbow.
(Permission to repost or reprint is granted with attribution.)

After more than two months of intense lobbying, the Albuquerque City
Council passed a Hate Crimes Ordinance 7-2 on Monday, December 16, 1996,
adding an addition charge to misdemeanors committed out of animus on the
basis of race, religion, color, national origin, ancestory, gender, sexual
orientation or disability.

The bill had been simultaneously, and independently proposed by Mayor
Martin Chavez and Councilmember Sam Bregman in early October. The ordinance
would create a new penalty for hate motivated crimes with penalties of no
more than 90 days in jail and up to $500 fine. Only misdemeanor crimes are
subject to city penalties. Felonies are the state's jurisdiction.

In 1995, the New Mexico legislature passed a Hate Crimes Bill inclusive of
sexual orientation by a 75% margin in both houses, but it was vetoed by
Gov. Johnson, along with 200 of the 400 bills to reach his desk. A veto
override attempt in 1996 failed by 2 votes.

Chavez began work on the hate crime issues after Gov. Johnson's veto and
the Governor's meeting with New Mexico Militia members just days after the
Oklahoma City bombing. Johnson refered to the Militia members as
"patriots."

"We talked with the NM Militia for 10-15 minutes during the break," said
GLSTN member Dair Obenshain they were wearing the same buttons as us, so on
both sides we were assuming we were on the same side! Joan finally asked
where they stood on the bill, and we clarified that the 'No Hate Crimes'
button really didn't mean 'No Hate Crimes Bill!'"

27 people testified in favor of the bill, and 4 against. Supporters
included Chief of Police Joe Polisar, District Attorney Bob Schwartz, and
representatives of Hispanic groups, Native American groups, Black groups,
the Human Rights Coalition, National Organization for Women, the New Mexico
Conference of Churches, a Holocaust survivor, the Human Rights Board, the
Unitarian Church, the Emmanuel Metropolitian Communtiy Church, St.
Stephen's Parich (EACA), Quakers, the council of the Greater Jewish
Communtiy of Albuquerque, the Anti-Defamation League, ACLU, PFLAG, GLSTN,
several unafiliated residents of Albuquerque and organizers of the renaming
of a street after Cesar Chavez which passed earlier in the evening. Many of
the people testifying urged passage without amendment, and with "sexual
orientation" included.

In opposition to the bill were members of the New Mexico Militia, a right
wing minister who is a member of the Militia and the New Mexico Christian
Coalition.

Councilmember Vicki Parea--an Evangelical Christian--who tried
unsucessfully to stop the bill in committee, proposed an amendment aimed at
the inclusion of "sexual orientation" which would have added "This
ordinance is not intended to create a protected status or substantive
rights for any class or group of people for any purpose, including civil
rights claims."

Bregman said that the amendment would call into question the
Constitutionality of the bill which was carefully worded to pass
constitutional muster based on the US Supreme Court rulings. The Amendment
failed 3 to 6.

Council President Steve Griegos--holding his last Council meeting--said
that he would be voting for the bill and said that several years ago while
campaigning door-to-door with his son, was confronted at one home by a man
brandishing a gun and said "You're that guy that supports those faggots!"

Councilmember Cummings, who voted with Parea against the bill, said "I
think this bill creates an illusion of safety." amid other ideaolgically
right wing comments.

Mayor Chavez is expected to sign the bill soon.


Bob Summersgill, publisher of the New Mexico Rainbow,
The newspaper for the Lesbian and Gay communities of New Mexico.
summers@rt66.com      http://rt66.com/summers/bob.html

"Marriage has long been recognized as one of the vital personal rights
essential to the orderly pursuit of happiness by free men."
                     --Loving v. Virginia (1967)