dgreen@ucla-cs.UUCP (01/03/86)
I saw this article in a National Gay Task Force Bulliten. Just thought you
might be interested.
What You Can Do: Bias Crime Legislation
by Kevin Berrill
Bias crime legislation is a relatively new means of responding to anti-gay
violence and other crimes motivated by bigotry. Gay individuals and
organizations concerned about anti-gay violence may want to consider pursuing
this type of legislation in their state or local community.
According to the Anti-Defamation League (ADL) Law Report (1985), there are now
twenty nine states that have laws which address "ethnic vandalism" and/or
"ethnic intimidation." The purpose of these laws is to deter bias-motivated
crimes -- crimes such as vandalism, intimidation and violence which are
directed against persons (or their property) because of their religion, race,
ethnicity, sexual orientation or membership in other specified groups. Bias
crime laws may help to facilitate prosecution of bias incidents; usually they
help increase penalties for them.
Critics of bias crime legislation argue that already-existing laws are adequate
to prosecute and punish perpetrators of "hate crimes." They point out that
increasing penalties for bias attacks against members of certain groups amounts
to "special protections." However, NGTF and many other civil rights
organizations maintain that groups which are especially victimized need -- and
deserve -- the extra protection this type of legislation affords. We believe
that crimes of bias are particularly heinous because they are directed not only
at the individual, but the entire community s/he represents. They are intended
to violate and isolate all members of the targeted group and to discourage
their visibility. Such crimes also create an atmosphere of tension and
suspicion that can polarize whole communites, thus opening the way for even
greater violence.
In 1984, Seattle, Wahsington, and the State of California passed the first bias
crime laws that specifically included protections for lesbians and gay men.
This past June, the Seattle City Council passed a malicious harrassment
ordinance, following a serious outbreak of attacks against gay people.
Existing law required a series of threats for arrest and conviction, but the
new law requires just one threat "that puts a person in reasonable fear of
harm" if prosecutors can prove that the victim was threatened because of his or
her sexual orientation. The maximum penalty is a $500 fine and six months in
jail. Other groups protected under the city human rights law are now also
protected under this new law or by the state's malicious harassment law.
In California, the passage of AP 848 added "sexual orientation," as well as
"age" and "disability," to an existing law which established the right to be
free from violence or the threat of violence. The law enables victims to sue
for damages plus $10,000 if they can show that violence or threats of violence
were committed against them on the basis of their sexual orientation, age, or
disability. Threats and violence based on race, religion, sex, national origin
and position in a labor dispute were already covered in the existing law. AB
848 also allows victims to "petition the courts for preventive relief from
patterns of violence and threats of violence."
Not every effort to promote bias crime legislation has been successful. Bills
similar to those in California and Seattle have failed in legislatures in
Minnesota, Illinois, Oregon, and Washington. Nevertheless, at a time when gay
civil rights bills are frequently failing, bias crime legislation may offer
more promise of success. Indeed, promoting an adequate official response to
anti-gay violence is one of the least controversial issues on the lesbian and
gay agenda, and some legislators who are "against gay rights" may be more
willing to consider a bill that would seek to prevent crimes of violence
against gay people. In addition, hearings and media attention related to such
a bill would help lawmakers and the general public recognize that this is a
significant problem which deserves to be treated as seriously as crimes against
racial, ethnic and religious minorities and other groups.
Lobbying on such a bill would also afford lesbian and gay groups the
opportunity to educate legislators about the linkage between anti-gay violence
and the need for gay civil rights legislation. In can be pointed out that as
long as gay people are vulnerable to discrimination in employment, housing,
etc., most will be unwilling to report crimes against them and to seek legal
redress. Without civil rights, gays are inhibited from exercising rights they
are already "guaranteed." In communities where lesbians and gay men are not
protected from discriminiation, lobbying around a bias crime bill could help to
"break the ice" for a gay civil rights bill. (In states or municipalities
where a gay civil rights bill is close at hand, introducing a bias crime bill
may not always be advisable. Such legislation could divert the support of
officials who would otherwise vote for a gay civil rights bill.)
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NGTF urges individuals and organizations interested in promoting bias crime
legislation to contact us. We will provide you with copies of all passed and
pending legislation -- both civil and criminal -- which address anti-gay
violence and other crimes of bias. In addition, we will provide you with a
list of lobbyists and legislators who have worked in support of this type of
legislation. At the present time NGTF is also pursuing federal bias crime
legislation; we'll keep you informed of our efforts in this arena.
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National Gay Task Force
80 Fifth Avenue
New York, NY 10011
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I personally recommend joining. I think its fairly cheap, and you get an
informative monthly newsletter. Go for it.