Last edited: December 05, 2004


Amendment No. 1251

HATE CRIME STATISTICS ACT (Senate -- February 8, 1990)

Congressional Record [Page: S1083]

AMENDMENT NO. 1251

(PURPOSE: TO PROVIDE THAT IT IS THE SENSE OF THE SENATE THAT HOMOSEXUALITY SHOULD NOT BE PROMOTED IN ANY MANNER BY THE FEDERAL OR STATE GOVERNMENT)

Mr. HELMS. Now, Mr. President, having said that, I send an amendment to the desk and ask that it be stated.

The PRESIDING OFFICER. The clerk will report.

The assistant legislative clerk read as follows:

The Senator from North Carolina [Mr. Helms] proposes an amendment numbered 1251:

At the appropriate place, insert the following new section:

Sec. . It is the sense of the Senate that --

(1) the homosexual movement threatens the strength and survival of the American family as the basic unit of society;

(2) State sodomy laws should be enforced because they are in the best interest of public health;

(3) the Federal Government should not provide discrimination protections on the basis of sexual orientation; and

(4) school curriculums should not condone homosexuality as an acceptable lifestyle in American society.

[emphasis added]

Mr. HELMS. Mr. President, this amendment is just as clear as I can make it. It would clarify that passage of this legislation which we have already discussed. We would make certain that this legislation does not imply in any way that Senators favor repealing sodomy laws or providing discrimination protection for homosexuals or amending school curriculums to teach schoolchildren the legitimacy and normalcy of homosexuality.

It goes without saying that Americans abhor crime. We have discussed that earlier. That certainly includes violent crime. Americans realize that crime and violence threaten the social order which in turn threatens liberty and freedom. An act of violence victimizes not only an individual; it victimizes society at large.

Now, undoubtedly, bigotry and prejudice have motivated some members of our society to perpetrate criminal acts. This has always been the case, and no matter what kind of laws of this type we pass it will continue.

Those individuals should be prosecuted and sentenced just as other criminals are prosecuted and sentenced.

Proponents of this underlying bill have argued that the Federal Government needs to spend it resources to study crimes committed against individuals because of race, religion, ethnicity or sexual orientation so that criminal penalties can be increased to discourage this type of activity in the future.

Mr. President, let me be as clear as I can and as emphatic as I can when I say that if simply gathering statistics and increasing penalties for crimes were the real intent behind this legislation, I would not be standing here on the Senate floor this afternoon.

Yet, we all know that this bill means something quite different for its proponents and the homosexual lobby.

Let me illustrate the point. The New York Native, a paper catering to homosexuals in New York, had this to say about the bill's passage in the House last year. In an article entitled, `Hate Crimes Bill Passes House by a Landslide,' the writer for the newspaper reported the reaction of the executive director of the Human Rights Campaign Fund, a political action committee for homosexual and lesbian rights:

The victory fuels hopes that the House will vote this year to remove the ban on gay immigrants and pay more serious attention to the federal gay rights bill. It is a logical first step, since anti-gay violence is considered the least controversial gay issue.

This agenda has been repeated time and time again in hearings on hate crimes against homosexuals.

As far back as, for example, 1986, before the Subcommittee on Criminal Justice, Committee on the Judiciary, Kevin Berrill, director of the Violence Project, National Gay and Lesbian Task Force testified on homosexual violence. Here are his proposed remedies as he stated:

I would encourage advocacy on behalf of the national gay and lesbian rights bill that has been before the Congress for a number of years. In terms of antigay and antilesbian violence this is a very important piece of legislation.

In discussing homophobic violence, a Congressman asked how organizations have challenged the Georgia sodomy statute which the Supreme Court upheld as constitutional. Mr. Berrill responded:

Repealing sodomy laws, and enacting gay rights legislation is not the only objective of those who support studying hate crimes against homosexuals. They also propose amending the school curriculums to eliminate the so-called homophobia.

In a letter submitted to the Subcommittee on Criminal Justice which appeared in the subcommittee's hearing report entitled, `Anti-Gay Violence,' Kevin Cathcart, executive director of the Gay and Lesbian Advocates and Defenders, states:

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Curriculum that acknowledge the existence of gay people and our contributions to society are necessary, as are programs that focus on methods other than violence for dealing with conflict. And information about gay people should not be confined to health/sex education classes but should be mainstreamed throughout the cirriculum.

Proponents of this bill claim that we need to study hate crimes against homosexuals because these crimes are underreported. Yet I find that argument unpersuasive. Underreporting is a problem but not one unique to crimes against homosexuals. According to the Bureau of Justice Statistics nearly two-thirds of crimes surveyed and about half of all violent crimes are not reported. Underreporting of crimes against homosexuals does not justify a study of such crimes.

Proponents claim that homosexuals are the target of hate crimes more than any other group in society. Yet, after studying the statistics you will find that this argument does not hold water either.

According to the homosexual groups, 90 percent of homosexuals experienced some type of victimization because of their sexual orientation.

Victimization, however, is not synonymous with criminal violence. Victimization includes not only criminal threats or assaults, but also some type of harassment.

Kevin Cathcart, executive director of the Gay and Lesbian Advocates and Defenders submitted a letter attesting to his victimization. He described an awful crime that occurred to him: He was walking down the street and a child yelled at him. He yelled at him.

Now, Mr. President, I do not know anywhere in the United States where shouts--unless they are threats of imminent battery--are subject to criminal or civil penalties.

However, these are the types of things that Mr. Cathcart and other advocates of this bill have used to trump up the crimes against homosexuals.

The evidence is clear, Mr. President. Studying hate crimes against homosexuals is a crucial first step toward achieving homosexual rights and legitimacy in American society.

This Senator cannot, and will not, be a party to any legislation which fuels the fire of the homosexual movement.

If homosexuals want to be studied, that is fine. But I do not think this Congress should be sending the message that studying hate crimes against homosexuals is synonymous with condoning their behavior.

So the purpose of this amendment, I believe is quite clear, it will provide Senators with the opportunity to inform their constituency whether they support or oppose repealing sodomy laws; providing discrimination protections to homosexuals and lesbians; and whether they support amending school curriculums to legitimize the homosexual lifestyle.

Obviously, I urge adoption of this amendment.

I ask for the yeas and nays.

The PRESIDING OFFICER. Is there a sufficient second?

There is a sufficient second.

The yeas and nays were ordered.

Mr. CRANSTON addressed the Chair.

Mr. SIMON. Mr. President, I yield 2 minutes to the Senator from California, Senator Cranston.

The PRESIDING OFFICER. The Senator from California is recognized for 2 minutes.

Mr. CRANSTON. I thank my friend from Illinois very much.

Mr. President, I rise in opposition to the proposed amendment. The amendment of the Senator from North Carolina is not designed to improve or change the provisions of the bill relating to the collection of hate crimes data. It is not designed to help us deal with the problem of hate crimes. In fact, the amendment would do exactly the opposite.

Simply put, Mr. President, this amendment should be rejected because it sends the wrong message. This amendment suggests that hate crimes against gays and lesbians are not as reprehensible as crimes against racial, ethnic, or religious minorities. Clearly, this undermines the purposes of this legislation.

We have just adopted the Simon/Hatch amendment which makes it clear that this bill is not about promoting or encouraging sexual activity.

This legislation will simply provide us with the information we need to stop the growing incidences of hate crimes in this country. And there are more and more of those abominable hate crimes of one sort or another.

It is clear that the victims of hate include racial and ethnic minorities, religious minorities, as well as gays and lesbians. In fact, from the information that has been collected by private organizations, we know that crimes against gays and lesbians are a very substantial problem.

Thus, it makes perfect sense that our data collection effort include hate crimes perpetrated against gays and lesbians.

Mr. President, this legislation merely requires the collection of data; nothing more. It does not encourage and it does not promote any kind of sexual activity. Indeed, the Federal Government has no business promoting sexual activity of any kind, homosexual or heterosexual. If this bill did promote sexual activity, I would not support it.

To imply that collecting data on hate-based crimes encourages such behavior is, of course, obviously and absolutely preposterous. We should be sending a clear signal by passing this bipartisan bill, reported by the Judiciary Committee, that all hate crimes, all hate crimes, must be stopped. We should not confuse that message by adopting the Helms amendment. I oppose this amendment. I urge my colleagues to vote against it also.

I thank the Senator from Illinois for yielding me that time.

Mr. SIMON. Mr. President, I yield myself 2 minutes.

The Senator from North Carolina is preoccupied with one part of this bill. Hate crimes are against all kinds of groups. They are against Jewish Americans, African Americans, Italian Americans, Polish Americans, Catholic Americans, Mormon Americans--you name the groups. Let us find out to what extent we have a problem.

I think we have dealt with the problem that Senator Helms addresses in his amendment in a constructive and a positive way in the amendment that Senator Hatch and I proposed, which was adopted overwhelmingly just a few minutes ago.

We should encourage American families. We said no funds can be used under this act to promote homosexual activity or any other kind of secual activity. I think the constructive way of dealing with this is much to be preferred. I am going to join my colleague, Senator Hatch, as well as the minority leader, Senator Dole, in voting against this particular amendment.

I yield to my colleague from Utah such time as he may wish to consume.

Mr. HATCH addressed the Chair.

The PRESIDING OFFICER. The Senator from Utah.

Mr. HATCH. I am going to vote against this amendment. I think that we have basically covered the worries of the distinguished Senator from North Carolina in the amendment that I and Senator Simon filed, which was passed, as I recall, unanimously. Frankly, we have addressed this general issue in the Hatch-Simon amendment, and we did it, in part, with this language:

Nothing in this act shall be construed, nor shall any funds appropriated to carry out the purpose of the act be used, to promote or encourage homosexuality.

I think we have addressed the interests of the distinguished Senator from North Carolina in putting that in there.

By the way, I might add, our amendment is not just a sense-of-the-Senate amendment, as is the amendment of the distinguished Senator from North Carolina. Ours is a real amendment with real substance which says that nothing in this bill promotes homosexuality. Legislation in the form of sense of the Senate, which the distinguished Senator from North Carolina has offered here, is not really needed in this bill.

I hope our colleagues will vote this amendment down.

I do not know about the distinguished Senator from North Carolina, but the people who have contacted me--I have not had one homosexual contact me, that I have known of, to push this bill. I remember the American Jewish Committee contacting me; the Lutheran Office for Governmental Affairs; and the Mexican-American Legal Defense and Education Fund, they contacted us; the National Black Police Officers Association; the National Association for the Advancement of Colored People; National Council of Churches; National Urban League, and I can give you dozens of others, unrelated to homosexuality, who think this is a wonderful thing, who believe we need to do what we are doing here, who want this bill because they know it may be the only way we are going to get to the bottom of the hate crimes which are hurting our society.

I think that we have solved the problems of the distinguished Senator from North Carolina and, therefore, I am going to vote against his amendment, and I hope our colleagues will consider doing the same.

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Mr. ADAMS. Mr. President I rise to oppose the amendment of the Senator from North Carolina and to support the Hate Crime Statistics Act.

Mr. President, I do not understand what the Senator from North Carolina is trying to do and what his amendment has to do with the legislation in front of us.

This act does not say you have to like homosexuals. It does not promote or encourage homosexual behavior. It does not provide any new rights or privileges for any group.

It simply says we ought to collect statistics on crimes that manifest prejudice based on race, religion, sexual orientation, or ethnicity.

I do not understand what the Senator's amendment has to do with the substance of this bill. Bias motivated attacks have become all too frequent in this country. This bill sends a strong message that we do not tolerate hate crimes and we want to do everything we can to stop them.

The Senator from North Carolina says this bill is the homosexual's bill. All the bill says is that the Justice Department ought to keep statistics when someone decides to kill, rape, beat up, or harass a gay man or lesbian, just as it says we ought to keep statistics when a Jew is beaten up or a swastika is painted on a temple or when a cross is burned on a black family's lawn.

These and other hate crimes share essentially the same character: All are motivated by hatred, ignorance, and bigotry. We all stood up and applauded last week when the President of the United States said we could not tolerate bigotry in this country. Today we have a chance to stand up and vote against hate and bigotry.

I hope we will stand with President Bush and 60 of our colleagues who cosponsor this bill, and vote against Senator Helms' amendment.

The PRESIDING OFFICER. Who yields time?

Mr. SIMON. I yield to the distinguished minority leader such time as he uses.

Mr. DOLE. Mr. President, judging by what I have read in the newspapers lately, it appears that the need for the Hate Crime Statistics Act has never been greater.

THE TIMELINESS OF THE BILL

We have all heard the horrifying story of the letter bomb that killed Judge Robert Vance of the 11th circuit--a cowardly act committed by a cowardly person. Judge Vance's only crime was that he happened to agree with the NAACP in a case argued before his court.

We are all familiar with the tragedy of Michael Griffith and Howard Beach. We have all heard about the despicable acts of the so-called skinheads. And some of us have actually seen the swastika spray painted on the synagogues and churches of our local communities.

According to a recent report from the Anti-Defamation League of B'Nai B'rith, there were 1,432 incidents of antisemitic vandalism and harassment in 1989. This number represents a 12-percent increase over 1988. It also represents the highest number of antisemitic incidents ever recorded during the ADL report's 11-year history.

THE BILL'S PROVISIONS

The Hate Crime Statistics Act is an important first step in the effort to combat, and hopefully reduce, the number of hate-related crimes committed in this country. By requiring the Attorney General to actually collect and publish hard data on hate-related crimes, the bill will allow our State and local police forces to get a better handle of the hate-crime problem. As a result, the police will be able to rely on hard facts, not on anecdotes and newspaper accounts, when deciding how best to target their limited resources against the racists and other hate mongers.

SOME IMPORTANT SAFEGUARDS

I want to emphasize, however, the truly limited focus of the Hate Crime Statistics Act. The bill would not create any entitlements, nor would it create a cause of action for the victim of an act of discrimination. The bill simply directs the Attorney General to collect information. Period.

Furthermore, the bill contains an important privacy safeguard. It prohibits the Attorney General from collecting any data that would reveal the personal identity of an individual hate-crime victim. The privacy of all crime victims must be respect, and the bill recognizes the need for these privacy protections.

I know that a few of my colleagues are concerned that the bill will somehow promote homosexuality. I believe that the Hatch-Simon amendment properly addresses this concern by emphasizing that nothing in the bill should be construed to promote or encourage homosexuality. The amendment also provides that no funds appropriated to carry out the act shall be used for this purpose.

Mr. President, the Hate Crime Statistics Act is a prudent, rational, and targeted response to the apparent increase in hate-crime violence in this country. I am proud to be a cosponsor of this legislation, and I urge my colleagues to support the bill with their votes.

Last year, I received a letter from the Assistant Attorney General for Legislative Affairs announcing the Justice Department's formal endorsement of the Hate Crime Statistics Act. I ask unanimous consent that the full text of this letter be printed in the Record immediately following my remarks.

SOME IMPORTANT SAFEGUARDS

I want to emphasize, however, the truly limited focus of the Hate Crime Statistics Act. The bill would not create any entitlements, nor would it create a cause of action for the victim of an act of discrimination. The bill simply directs the Attorney General to collect information. Period.

Furthermore, the bill contains an important privacy safeguard. It prohibits the Attorney General from collecting any data that would reveal the personal identity of an individual hate-crime victim. The privacy of all crime victims must be respect, and the bill recognizes the need for these privacy protections.

I know that a few of my colleagues are concerned that the bill will somehow promote homosexuality. I believe that the Hatch-Simon amendment properly addresses this concern by emphasizing that nothing in the bill should be construed to promote or encourage homosexuality. The amendment also provides that no funds appropriated to carry out the act shall be used for this purpose.

Mr. President, the Hate Crime Statistics Act is a prudent, rational, and targeted response to the apparent increase in hate-crime violence in this country. I am proud to be a cosponsor of this legislation, and I urge my colleagues to support the bill with their votes.

Last year, I received a letter from the Assistant Attorney General for Legislative Affairs announcing the Justice Department's formal endorsement of the Hate Crime Statistics Act. I ask unanimous consent that the full text of this letter be printed in the Record immediately following my remarks.

There being no objection, the letter was ordered to be printed in the Record as follows:

U.S. DEPARTMENT OF JUSTICE,

Office of Legislative Affairs,
Washington, DC., July 27, 1989.

Hon. Robert Dole,
Republican Leader,
U.S. Senate,
Washington, DC.

Dear Mr. Leader:

This letter expresses the Department of Justice's unqualified support of S. 419, the `Hate Crimes Statistics Act,' as reported by the Committee on the Judiciary. While our earlier letter to the Committee had endorsed the concept behind the bill, but expressed some reservations regarding the bill itself, those concerns have been addressed. Specifically, the Attorney General has been given sufficient discretion to establish guidelines for the collection of the required data, and the list of crimes in the bill is designed to conform to the updated Uniform Crime Reports.

The Department of Justice, therefore, urges speedy passage of this legislation.

The Office of Management and Budget has advised this Department that there is no objection to the presentation of this report from the standpoint of the Administration's program.

Sincerely,

Carol T. Crawford,
Assistant Attorney General.

Mr. WILSON addressed the Chair.

The PRESIDING OFFICER. Who yields time?

Mr. SIMON. I yield 2 minutes to the Senator from California.

Mr. WILSON. Mr. President, I do not think I will need that much. I will just state simply that there should be no place in American life for prejudice. But at the very least, when that prejudice escalates to violence, it is absolutely unsupportable. There is no justification for crime against any American.

If this measure, in its collection of statistics, assists law enforcement to any degree in fighting to stamp out the kind of violence that is directed against particular groups, for whatever reason, then it deserves our support. It is that simple.

The PRESIDING OFFICER. The Senator from Illinois.

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Mr. SIMON. Mr. President, I yield back my time.

How much time does the Senator from Pennsylvania wish?

Mr. HEINZ. Two minutes.

Mr. SIMON. I yield 2 minutes to the Senator from Pennsylvania.

The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.

Mr. HEINZ. Mr. President, I rise to speak in support of the Hate Crime Statistics Act, S. 419.

With frightening regularity, we hear reports of physical and psychological attacks on individuals who were targeted simply because of the color of their skin, religious beliefs, sexual preference, or ethnic background.

Hate crimes are intolerable because they injure not only their immediate victims but spread fear throughout an entire community. Few events are as repulsive, or as antithetical to the rights and liberties on which this Nation was founded, as are acts of violence and harassment fueled by bigotry.

The Hate Crime Statistics Act is a modest measure. Its sole purpose is to provide up to date information about this serious problem. The bill would require the Department of Justice to annually collect and publish data on crimes motivated by bigotry.

Collecting this data will provide previously undocumented information that should help policy makers, and law enforcement officers combat these offenses. It is important to stress that this legislation does not expand the rights of any group of citizens. Instead, it calls for the collection of data in order that all people may be protected equally under the law.

The origins of organized hate violence in the United States can be traced to Reconstruction. In 1865, the Ku Klux Klan was formed and began its use of terrorism to intimidate and prevent blacks from exercising their constitutional right to vote and to hold public office.

Today, the Klan and other hate groups such as the White Aryan Resistance and the Skinheads are more sophisticated. These groups are highly organized, actively recruiting our youth, and attacking not only blacks but other minorities and religious groups as well. Recently, the Skinheads, a rapidly growing, white supremacist youth movement, have been charged with murder in Oregon, Nevada, and California.

Moreover, there is evidence that the public's fear and lack of information about AIDS are causing an increase in attacks against those persons perceived to be homosexuals. Recently, in Bucks County, PA, two men were convicted of first degree murder because they slit the throat of a man after they decided he was homosexual.

Furthermore, a report by B'nai B'rith found that rightwing extremists committed more hate crimes, involving anti-Semitism, between 1984-87, than in the previous 20 years combined. Two years ago, in Harrisburg, worshippers at Kesher Israel Synagogue arrived to celebrate the Jewish sabbath and found their temple desecrated with swastikas, and slogans saying `Death to the Jews.'

We must know more about these abhorrent forms of intimidation and violence if we are to work effectively for their elimination. That is why the Hate Crime Statistics Act is a necessary first step. By directing the Justice Department to gather information about hate crimes, we will demonstrate that our nation will not tolerate or condone crimes fueled by racism and bigotry.

I urge my colleagues to support this important legislation.

The PRESIDING OFFICER. The Senator from Utah.

Mr. HATCH. Mr. President, I ask for the yeas and nays on the bill.

The PRESIDING OFFICER. They have already been asked for and granted.

Mr. HATCH. On the bill itself?

The PRESIDING OFFICER. Yes.

Mr. HATCH. I ask unanimous consent that it be in order to have the yeas and nays on the House bill.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. HATCH. I ask for the yeas and nays.

The PRESIDING OFFICER. Is there a sufficient second?

There is a sufficient second.

The yeas and nays were ordered.

Mr. HATCH. Mr. President, I yield back the time.

The PRESIDING OFFICER. Are there any further amendments? The Senator from North Carolina.

Mr. HELMS. How much time do I have remaining?

The PRESIDING OFFICER. The Senator has 20 minutes and 6 seconds.

Mr. HELMS. I say again that I do hope Senators will read the pending amendment upon which we are about to vote and figure out for themselves what they are going to say when their constituents raise questions about it. We are talking about repealing sodomy laws, which is a goal of the chief advocates of this legislation, the gay-lesbian community.

So Senators can vote as they wish. They can vote up or they can vote down. But I think the meaning of the amendment is very clear.

If the other side is willing to yield back its time, I will yield back my little bit.

The PRESIDING OFFICER (Mr. Daschle). The Senator from Illinois.

Mr. SIMON. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call the roll.

Mr. HATCH. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. HATCH. Mr. President, I yield back whatever time I have remaining.

Mr. HELMS. I yield back my time.

Mr. SIMON. Mr. President, I yield back my time.

The PRESIDING OFFICER. Without objection, all time having been yielded back, the question is on agreeing to the amendment of the Senator from North Carolina.

On this question, the yeas and nays have been ordered, and the clerk will call the roll.

The legislative clerk called the roll.

Mr. CRANSTON. I announce that the Senator from Michigan [Mr. Levin] is necessarily absent.

I further announce that the Senator from Connecticut [Mr. Dodd] is absent on official business.

Mr. DOLE. I announce that the Senator from Wyoming [Mr. Simpson] and the Senator from Wyoming [Mr. Wallop] are absent to attend the funeral of their former Governor.

I further announce that, if present and voting, the Senator from Wyoming [Mr. Wallop] would vote `nay.'

The PRESIDING OFFICER. Are there any other Senators in the Chamber desiring to vote?

The result was announced--yeas 19, nays 77, as follows:

Rollcall Vote No. 12

[Rollcall Vote No. 12]

YEAS--19

Armstrong
Breaux
Bryan
Byrd
Coats
Gramm
Heflin
Helms
Humphrey
Johnston
Lott
Mack
McClure
Nickles
Reid
Rockefeller
Shelby
Symms
Thurmond

NAYS--77

Adams
Baucus
Bentsen
Biden
Bingaman
Bond
Boren
Boschwitz
Bradley
Bumpers
Burdick
Burns
Chafee
Cochran
Cohen
Conrad
Cranston
D'Amato
Danforth
Daschle
DeConcini
Dixon
Dole
Domenici
Durenberger
Exon
Ford
Fowler
Garn
Glenn
Gore
Gorton
Graham
Grassley
Harkin
Hatch
Hatfield
Heinz
Hollings
Inouye
Jeffords
Kassebaum
Kasten
Kennedy
Kerrey
Kerry
Kohl
Lautenberg
Leahy
Lieberman
Lugar
Matsunaga
McCain
McConnell
Metzenbaum
Mikulski
Mitchell
Moynihan
Murkowski
Nunn
Packwood
Pell
Pressler
Pryor
Riegle
Robb
Roth
Rudman
Sanford
Sarbanes
Sasser
Simon
Specter
Stevens
Warner
Wilson
Wirth

NOT VOTING--4

Dodd
Levin
Simpson
Wallop

So the amendment (No. 1251) was rejected.

Mr. LEAHY. Mr. President, I move to reconsider the vote.

Mr. METZENBAUM. I move to lay that motion on the table.

The motion to lay on the table was agreed to.


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