Holy cow, Blenders, take a look at this:
The Senate on Tuesday approved a $636 billion Pentagon spending bill after defeating repeated efforts by Sen. John McCain (R-Ariz.) to slash funding for the C-17 cargo aircraft.The bill funds military operations for the fiscal year that started Oct. 1. The legislation will now move to a conference with the House, which passed its version in July.
The Matthew Shepard Hate Crimes Act adds sexual orientation, gender identity, and disability to the definition of "hate crimes." Press reporting so far has not mentioned the inclusion of the Matthew Shepard Act, but believe me, it's in there. I know because I downloaded the 1158 page .pdf of the bill. If you're a policy nerd, or just a masochist, feel free to go to GovTrack and do the same. Or, you could go below the fold, where I've pasted the text of DIVISION E - Matthew Shepard Hate Crimes Act.
Now, we're not out of the woods yet. The Senate version still has to go through conference with the House, and it is possible that Hate Crimes will be stripped from the bill. The "poison pill" amendment of the death penalty is still in the text, courtesy of GOP hatemonger Jeff Sessions, as you'll see below the fold. Waymon Hudson addressed this issue back in July.
Here is the text of the appropriate section. Emphasis is mine, to highlight the "poison pill" amendments.
DIVISION E--MATTHEW SHEPARD HATE CRIMES PREVENTION ACTSEC. 4701. SHORT TITLE.
This division may be cited as the `Matthew Shepard Hate Crimes Prevention Act'.
SEC. 4702. FINDINGS.
Congress makes the following findings:
(1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem.
(2) Such violence dience disrupts the tranquility and safety of communities and is deeply divisive.
(3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.
(4) Existing Federal law is inadequate to address this problem.
(5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.
(6) Such violence substantially affects interstate commerce in many ways, including the following:
(A) The movement of members of targeted groups is impeded, and members of such groups are forced to move across State lines to escape the incidence or risk of such violence.
(B) Members of targeted groups are prevented from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity.
(C) Perpetrators cross State lines to commit such violence.
(D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence.
(E) Such violence is committed using articles that have traveled in interstate commerce.
(7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.
(8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct `races'. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.
(9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.
(10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.
SEC. 4703. DEFINITION OF HATE CRIMES.
In this division--
(1) the term `crime of violence' has the meaning given that term in section 16, title 18, United States Code;
(2) the term `hate crime' has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term `local' means a county, city, town, township, parish, village, or other general purpose political subdivision of a State.
SEC. 4704. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance-
(1) IN GENERAL- At the request of State, local, or tribal law enforcement agency, the Attohe Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or tribal laws; and
(C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the State, local, or tribal hate crime laws.
(2) PRIORITY- In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than one State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.
(b) Grants-
(1) IN GENERAL- The Attorney General may award grants to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes.
(2) OFFICE OF JUSTICE PROGRAMS- In implementing the grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants.
(3) APPLICATION-
(A) IN GENERAL- Each State, local, and tribal law enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.
(B) DATE FOR SUBMISSION- Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe.
(C) REQUIREMENTS- A State, local, and tribal law enforcement agency applying for a grant under this subsection shall--
(i) describe the extraordinary purposes for which the grant is needed;
(ii) certify that the State, local government, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime;
(iii) demonstrate that, in developing a plan to implement the grant, the State, local, and tribal law enforcement agency has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and
(iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection.
(4) DEADLINE- An application for a grant under this subsection shall be approved or denied by the Attorney General not later than 180 business days after the date on which the Attorney General receives the application.
(5) GRANT AMOUNT- A grant under this subsection shall not exceed $100,000 for any single jurisdiction in any 1-year period.
(6) REPORT- Not later than December 31, 2010, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended.
(7) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2010 and 2011.
SEC. 4705. GRANT PROGRAM
(a) Authority To Award Grants- The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, to State, local, or tribal programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement offict officers in identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.
SEC. 4706. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of Justice, including the Community Relations Service, for fiscal years 2010, 2011, and 2012 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 4707 of this division.
SEC. 4707. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:
Sec. 249. Hate crime acts
(a) In General-
(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN- Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--
(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-
(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person--
(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
title, or both, and shall be subject to the penalty of death in accordance with chapter 228 (if death results from the offense), if--
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
(2)OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-
(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person--
(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(ii) shall be imprisoned for any term of years or for life, fined in accordance rdance with this title, or both, and shall be subject to the penalty of death in accordance with chapter 228 (if death results from the offense), if--
(I) death results from the offense; or
(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that--
(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim--
(I) across a State line or national border; or
(II) using a channel, facility, or instrumentality of interstate or foreign commerce;
(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);
(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or
(iv) the conduct described in subparagraph (A)--
(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or
(II) otherwise affects interstate or foreign commerce.
(3) OFFENSES OCCURRING IN THE SPECIAL MARITIME OR TERRITORIAL JURISDICTION OF THE UNITED STATES- Whoever, within the special maritime or territorial jurisdiction of the United States, commits an offense described in paragraph (1) or (2) shall be subject to the same penalties as prescribed in those paragraphs.
`(b) Certification Requirement-
(1) IN GENERAL- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or his designee, that--
`(A) the State does not have jurisdiction;
`(B) the State has requested that the Federal Government assume jurisdiction;
`(C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or
`(D) a prosecution by the United States is in the public interest and necessary to secure substantial justice.
(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.
`(c) Definitions- In this section--
`(1) the term `bodily injury' has the meaning given such term in section 1365(h)(4) of this title, but does not include solely emotional or psychological harm to the victim;
`(2) the term `explosive or incendiary device' has the meaning given such term in section 232 of this title;
`(3) the term `firearm' has the meaning given such term in section 921(a) of this title; and
`(4) the term `gender identity' for the purposes of this chapter means actual or perceived gender-related characteristics.'.
(b) Technical and Conforming Amendment- The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following:
`249. Hate crime acts.'.
SEC. 4708. STATISTICS.
(a) In General- Subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting `gender and gender identity,' after `race,'.
(b) Data- Subsection (b)(5) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting `, including data about crimes committed by, and crimes directed agated against, juveniles' after `data acquired under this section'.
SEC. 4709. SEVERABILITY.
If any provision of this division, an amendment made by this division, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this division, the amendments made by this division, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
SEC. 4710. RULE OF CONSTRUCTION.
For purposes of construing this division and the amendments made by this division the following shall apply:
(1) RELEVANT EVIDENCE- Courts may consider relevant evidence of speech, beliefs, or expressive conduct to the extent that such evidence is offered to prove an element of a charged offense or is otherwise admissible under the Federal Rules of Evidence. Nothing in this division is intended to affect the existing rules of evidence.
(2) VIOLENT ACTS- This division applies to violent acts motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability of a victim.
And another Republican will shoot from the womb (via TrueSlant)...
Mary Cheney, the former vice president's daughter, and her long-time partner, Heather Poe, are expecting their second child, a source close to the family told True/Slant. [Ed. Note: Since publishing this piece, Cheney has confirmed that she and Poe are expecting their second child in mid- to late November.]
...Cheney, a lesbian, attracted much attention from the conservative movement when she announced she was pregnant with her first child in late 2006.
Well, the freepers didn't waste any time weighing in...
Even more below the fold.
Actual Freeper QuotesThere is something quite perverse about a society that allows avowed and unrepentant homosexuals to unnaturally take on children as playthings. What a tragedy it will be for these poor kids to be deprived a father figure from the day they were born. I respect Dick Cheney, but I don't understand why he is allowing his daughter to take innocent children into her lesbianic home. Can anyone claim that these kids won't be scarred for life? So sad.
Also repugnant, IMNSHO, is the use of "they are expecting a child" when, for obvious reasons "they" could not POSSIBLY have conceived. It is the slight of hand that the left does with rediculous name reversals (like "FAMILY PLANNING") that implies something that in fact does just not happen...
"but I don't understand why he is allowing his daughter to take innocent children into her lesbianic home"
Since his daughter IS a grown adult, I doubt he has control over what she does, obviously.
It's not his decision since she's an emancipated adult. Mary Cheney is poorly exercising her free will which she will have t have to answer for one day.
Cheney has confirmed that she and Poe are expecting their second child.. their? I thought her 'partner' is a female? Two females can't create a child.
When your kids become adults, there's not one thing you can do about their choices. I don't approve of these kids being deprived of a father in the home. I respect Cheney for not trashing his daughter in public. It wouldn't do any good, and it would be a betrayal of sorts. As much as I don't like it, God will have to sort this out in the end. Our society has gone to hell in a hand-basket, no doubt about that.
Actually I find this sort of thing 10 times more abhorrent then the so called "Gay Marriage" since these people are actually imposing their lifestyle on third parties. The whole thing gives me the creeps---test tube babies and all. Listened to a few priests in the last few months and I think they might be right--we are due anytime for a major @$$ kicking (chastisement).
But I'm not sure I'd want to live in a society that restricted pregnancy to only those it deemed worthy of having children. I'm not even sure I'd want adoption restricted in that manner. In this brave new world of Obama-ism, I'd be afraid that people not unlike many of us who post here would be told they're neither permitted to procreate or to adopt. ::shudder::
Exactly. The media casually reports she is pregnant, yet these homosexual couples have to use a whole series of bizarre test tube procedures in order to obtain their human play toy. There is nothing natural or loving about it. There are thousands of crying infants waiting for adoption, yet these two lesbians prefer to 'create' and then damage a newborn by denying him or her a father.
Who is the father? Yes, you selfish lesbians, there is ALWAYS a father. Not that the baby will benefit from one. sick.
You are being very reckless from what I can tell. I think most of us agree that having gay parents is not ideal, but you are seriously impugning Mary Cheney's character here and I think what you are doing is really sh*tty. I could be wrong, but I'm sensing this is more an attack on the Cheneys than it is anything else.
It seems a common sense conclusion to me. Here you have two avowed and unrentant homosexuals who embrace that lifestyle. In other words it can't be excused with "oh well, we're all sinners." These two are literally embracing the evil of a sexual deviancy. Then on top of it they bring two innocent babies into their home and instantly curse them with being fatherless for life. You have to ask yourself what is in it for the child to be fatherless versus what is in it for the two homosexuals to put these kids in a same-sex home. There is no other explanation than that these poor kids are being used to fill up some emptiness in the lives of the homosexuals - ie they are being used as playthings.
Is this worse then Laura Ingraham adopting a baby to be raised by a single woman with a full time, day job, not to mention regular night time interviews?
I know that the "horse is out of the barn" when it comes to the mom and dad and "traditional" families, but just because it is common in the world, doesn't mean conservatives should jump into the decline of the American culture. The example of Murphy Brown should not be practiced by those who propose to defend Family values.
"I could be wrong, but I'm sensing this is more an attack on the Cheneys than it is anything else."
Not at all. That is the first thing that homosexuals always use to defend their lifestyle (that they are being attacked). There is such a thing as loving the sinner, but hating the sin. I wish all the best to Mary Cheney and her female sex partner. But it is tragic that she insists on forcing young kids to be raised in a homosexual household. Inold. In all cases, the welfare of the kids should be first, no matter how powerful or well-connected you are. Talk to any child who has been denied a loving father and you will find out the pain she is causing these poor kids.
This should be made a criminal act- it is selfish and does emotional violence to the child.
I wonder if Hallmark makes a card for this occasion? Yathink? Congratulations on your baster bastard?
UPDATE: Bumping up from this AM. Watch on C-SPAN or in the sidebar of this page on the left.
The Blend has learned that Congressman Patrick Murphy (D-PA), the lead sponsor of H.R. 1283, the Military Readiness Enhancement Act (which would repeal DADT) is scheduled to take to the floor of the House to host a Special Order Hour today. It will occur around 9 PM ET tonight and broadcast live on C-SPAN. He plans to highlight the impact of DADT on National Security, and push for additional co-sponsors.
A Special Order is time set aside in advance by any House member to speak about a topic of their choice.
***
You can see my interview with the Congressman from Netroots Nation here (with transcript). A snippet:
PS: Do you think it's okay to have a public whip count, so people can see how things are going?
CPM: Yes, and that's why I ask people to go on "Let Them Serve", that's my website; again, "Let Them Serve". Look at what the webcount is; look at who's my co-sponsors.
I have 168 co-sponsors right now, and if your congressman or congresswoman isn't on it, I ask you please - call their office, email them, write them letters, write "letters to the editors".
...PS: And what do you think, um, that during the next set of hearings, that people on the other side are going to present? After all, last time around, Elaine Donnelly testified quite candidly and humorously- it did not do the other side much justice.
CPM: Yeah, well, listen, I have respect for Ms. Donnelly. I don't appreciate the fact that s that she now questions my military service and I don't frankly appreciate the fact that she doesn't think that the American soldier is as professional as the 26 other countries that allow their troops to serve openly.
But listen, that's what America is America for; and she's entitled to her opinion and her... even if I think that opinion is wrong. And um, I anticipate a strong fight from the forces of the status quo; I understand it, you know, but I didn't come to Congress to be nice to everybody and just go along to get along. I came to Congress to make sure I fight for the values and principles I believe in and how I was raised, and where I think our country needs to go.
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