The House has approved a bill aimed at stemming crimes against homosexuals, but religious groups fear it will silence church pulpits and Republicans say it is unconstitutional.
The bill, approved by a vote of 249-175 late Wednesday, would expand existing federal hate crime laws to include gender, gender identity, disability and sexual orientation of a victim, and it would elevate penalties for those convicted of such crimes.
Democrats say the bill provides long-needed protection for gays and lesbians who have been attacked because of their sexual orientation, citing cases like that of Matthew Shepard, a college student killed a decade ago by two men who witnesses say targeted him because he was gay.
“This legislation is a powerful statement,” House Majority Leader Steny Hoyer, D-Md., said. “Tolerance, respect for differences and accountability for those who are driven to violence by hate.”
But some Republicans feel the measure is unconstitutional and will be struck down in court. And some religious groups fear the bill could be used to target them.
Rep. F. James Sensenbrenner, R-Wis., a member of the House Judiciary Committee, said the bill would allow a person to be indicted for both a violent crime and a hate crime for the same act, a form of double jeopardy.
Andrea Lafferty, executive director of the Traditional Values Coalition, a nondenominational church lobby, said the bill would subject religious leaders to prosecution if someone who heard a sermon denouncing homosexuality then went out and attacked a person based on his or her sexual orientation.
“That ends up criminalizing free speech,” Sensenbrenner said. “That is where we have the First Amendment slippery slope, and if that happens, you will find this bill declared unconstitutional, as a violation of the First Amendment, in the blink of an eye.”
Current hate crime law is limited to race, color, religion and national origin. Democrats for several years have attempted to expand the list to include sexual orientation but have met resistance from Republicans in Congress and the White House.
That obstacle is now gone, and President Barack Obama is pushing for Congress to quickly clear the bill for his signature. The bill moves next to the Senate, where a version introduced by Sen. Edward Kennedy, D-Mass., will be introduced this week.
