The Politics of Hate Crimes Legislation
President Bush “is not a compassionate conservative,” Democratic
National Committee (DNC) Chair Terry McAuliffe told me in a recent
interview. “He’s an extreme conservative, out of the mainstream of
America.” As evidence, McAuliffe cited the hate crimes bill, which would
amend existing law to include sexual orientation. “Eighty percent of
Americans are for hate crimes legislation. Eighty percent”-he repeats it
for emphasis. But “George Bush has been silent.”
Relishing his criticisms of Bush, McAuliffe noted that while the
president is out speaking about homeland security, “he won’t do anything
about the...people in our country victimized by hate crimes.” The
Democratic chair also cited Bush’s failure to support hate crimes
legislation even after African-American James Byrd was murdered in Texas and
Matthew Shepard was killed in Wyoming.
The morning of our interview, Senate proponents of hate crimes
legislation had failed to invoke cloture-i.e., to cut off debate -on the
pending hate crimes bill, making it less likely the measure would pass, at
least without changes. Some 54 senators-fewer than the 60 votes Senate rules
require-voted to limit debate, while 43 voted to allow continued discussion,
thus postponing a Senate vote on the bill. The 54 included only four
Republicans. Even Southern Democrats, such as Georgia’s conservative Zell
Miller, supported bringing the bill to a vote. The 43 against cloture were
all GOPers (except for Senate Majority Leader Tom Daschle, who voted “no”
so he can move to reconsider the vote in the future). “The Republicans
have to be held accountable,” McAuliffe said.
I asked McAuliffe about the prospects for compromise. “That’s a code
word for trying to deny the substance of the bill,” said McAuliffe. “We’re
going to keep trying, keep pushing, till it gets passed,” he added. “The
key is the House of Representatives”-i.e., winning a majority in the House
in the elections this November.
McAuliffe suggests the same dynamics apply to the Employment
Non-Discrimination Act.
“Daschle is working closely with [gay organizations] to get it up for a
vote, but it’s tough, if the Republicans use the same strategy as they
have with hate crimes.”
But McAuliffe doesn’t approach the hate crimes issue solely as one of
strategy. Rather, the Democrats “are on the side of morality and justice.
This is a ‘must’ issue, about how people should be treated.” He cites
the recent example of a DNC intern “beaten up [with] a lead-pipe. We
believe he was victimized based upon sexual orientation.”
Asked whether the DNC would push this issue only to the gay community or
to the public at large, McAuliffe answered, “The DNC press release will go
to everybody. This is not a gay and lesbian issue, it’s a national issue.”
He noted hate crimes will be one of a number of campaign themes. “Add that
to the other issues-Social Security and so on-it fits into them.”
Gay GOPers, by contrast, see compromise as the way to pass hate crimes
legislation now, rather than waiting for the possibility of Democratic
control of the House. In general, it is in the interest of Log Cabin to blur
sharp partisan differences on gay issues. Kevin Ivers, political director of
Log Cabin Republicans, notes that before the Senate vote on whether to close
debate on hate crimes, his group organized a meeting between legislative
staffers of the bill’s sponsors-Senators Ted Kennedy (D-Mass.), Orrin
Hatch (R-Utah), and Gordon Smith (R-Ore.). While the aides “did not reach
a deal,” says Ivers, their meeting did lay the groundwork for further
meetings in which Hatch’s amendments to the bill can be discussed.
Hatch’s amendments are aimed largely at avoiding federal and state
clashes over jurisdiction in criminal cases where group hatred is a motive,
though critics believe the amendments would weaken the legislation. He would
leave sexual orientation in the bill but would have the Justice Department
select a federal prosecutor in each jurisdiction to work with state and
local authorities on hate crimes. He would also authorize an analysis of the
hate crimes data collected by the FBI and allow for the use of the death
penalty in hate crimes cases where it is already available under state law.
Behind the rhetoric, there is politics aplenty. If the Senate’s
Democratic majority should succeed in getting a bill passed without any of
Hatch’s amendments, and the Republican leadership in the House then keeps
the measure bottled up, it would give the Democrats a lot of ammunition to
sway gay voters this fall. On the other hand, if Hatch succeeds in