The fatal beating of 21-year-old University of Wyoming
student Matthew Shepard in 1998, apparently motivated at least in part by
his homosexuality, has renewed the debate over hate crime legislation.
Matthew Shapard's murder prompted calls from gay activists, editorial
pages, and public officials, including Attorney General Janet Reno and
President Clinton, for passage of the 1998
Federal Hate Crimes Protection Act. Had it been enacted, that bill
would have allowed federal prosecution of crimes motivated by hatred based
on gender, sexual orientation, and disability. The bill was also
unsuccessfully reintroduced in 1999 (click
here for text of that bill and information on Federal hate crime laws.).
To view ABCNEWS' Lisa Salters on Wyoming's reactions to
Matthew Shepard's violent death in RealVideo, click
here. (You can download
RealPlayer here for FREE.)
Other sites to remember Matthew:
Applicable Federal Laws
The term "hate
crime" is defined by various federal and state laws. In its
broadest sense, the term refers to an attack on an individual or his or
her property (e.g., vandalism, arson, assault, murder) in which the victim
is intentionally selected because of his or her race, color, religion,
national origin, gender, disability, or sexual orientation.
A number of federal and state laws prohibit acts or
threats of violence, as well as harassment and discrimination, based on
race, color, religion, national origin, sexual orientation, gender and/or
disability. The applicable federal laws include the following:
- 18 U.S.C. Section 245. Section 245, the
principal federal hate crime statute, prohibits intentional use of
force or threat of force against a person because of his or her
race, color, religion, or national origin, and because he or she
was engaged in a federally protected activity, such as enrolling
in or attending any public school or college. Legislation
has been introduced which would amend Section 245 to include
crimes committed because of the victim's sexual orientation,
gender or disability, and to eliminate the federally protected
activity requirement. (See 1998 Hate Crimes Prevention Act)
- Title VI of the Civil Rights Act of 1964.
Title VI and regulations promulgated under Title VI prohibit
discrimination by institutions that receive federal funding,
including harassment, on the basis of race, color, and national
origin.
- Title IX of the Education Amendments of 1972.
Title IX and regulations promulgated under Title IX prohibit
discrimination by institutions that receive federal funding,
including harassment, based on gender.
- Section 504 of the Rehabilitation Act of
1973. Section 504 and regulations promulgated under Section
504 prohibit discrimination by institutions that receive federal
funding, including harassment, based on disability.
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