Hate Crime Newsbytes

Menstuff® is actively compiling information, books and resources on the issue of hate crimes. Hate crimes are a more serious problem than is generally recognized. While hate cannot be legislated out of existence, a forceful, moral response to hate violence is required of us all. Legislation known as the Hate Crimes Prevention Act (HCPA), was introduced in Congress to strengthen federal law. In September, 2000, the Senate passed hate crimes legislation in overwhelmingly bipartisan fashion. Related Issues

Report Hate-Crimes



Rooting Out Hate

Hate kills but local DA's fear charging killers. It appears that it's the killers they are trying to protect, not potential victims. Sounds like a bad case of homophobia to me.

"The value of shining a bright light on these crimes and reaching out to affected communities is immeasurable," said Seth Kilbourn, Human Rights Campaign's (HRC) national field director. "We try to do it in a number of ways."

HRC works to:


GOP Shelves Expansion Of Law on Hate Crimes

Republicans yesterday stripped language expanding federal hate crimes laws from the defense authorization bill for this year, dimming and possibly dooming prospects for enactment of the measure before Congress adjourns.

The provisions would extend civil rights-era federal protections to violent crimes involving gender, sexual orientation and disability and make it easier for the government to intervene in such cases.

After GOP leaders balked at bringing up the bill on its own, the Senate--by an unexpectedly strong vote of 57 to 42--added the hate-crimes language to the defense bill last spring. Later, the House voted 232 to 192 to instruct its conferees on the defense bill to go along with the Senate proposal. Both were influenced in part by several high-profile cases involving bigotry in the commission of crimes.

President Clinton has made hate crimes protections a high priority for the last year of his administration, pushing Congress to keep the language in the defense bill. "The Republican leadership made a serious mistake . . . despite strong bipartisan support from both the House and the Senate," Clinton said. "I will continue to fight the Republican leadership in Congress to make sure this important work gets done this year."

But House negotiators on the defense measure rejected the Senate provisions and yesterday Senate negotiators, on the recommendation of Armed Services Committee Chairman John W. Warner (R-Va.), agreed on a largely party-line vote of 11 to 9 not to take the issue back to the full conference committee.

Warner earlier had indicated he was reassessing his position on the hate-crimes issue after a fatal attack late last month at a gay bar in Roanoke, Va. But yesterday he said the defense bill would have been faced with filibusters and "perhaps other impediments" if the hate-crimes language had remained.

Democrats vowed to continue pushing for the hate-crimes protections. "If the national outcry is loud enough, we still have a chance to act on this issue in the remaining days of this Congress," said Sen. Edward M. Kennedy (D-Mass.), a chief sponsor.

But Republican leaders have indicated they are opposed to passing the legislation in any form. Senate Majority Leader Trent Lott (R-Miss.) believes "it should not be made a matter of federal law to designate one group of crimes and its victims less important than others," said his spokesman, John Czwartacki.

The conferees' action was also criticized by the Human Rights Campaign, a gay rights advocacy group, which accused GOP leaders of "bad politics" as well as "bad policy."

Defense Bill's Hate-Crime Clause Out

Supporters of expanding federal law to protect gays and lesbians vowed to press for legislation this year, even though a hate crimes provision was dropped from a defense bill. A Senate conference committee working on the bill voted 11-9 to drop the hate crime language, said Sen. John Warner, R-Va., chairman of the Senate Armed Services Committee. President Clinton has pushed the bill and accused Republicans of deliberately ducking it because they are worried that its provisions covering gays and lesbians might anger the GOP''s conservative core of voters. "The Republican leadership made a serious mistake by stripping the hate crimes legislation from the Department of Defense authorization bill despite strong bipartisan support in both the House and the Senate. The Republican leaders have turned their backs on legislation designed to send the message that all persons should be treated the same under the law,'' Clinton said Thursday in a statement. ``I will continue to fight the Republican leadership in Congress to make sure this important work gets done this year,'' he said. The Senate had voted to put the language in the defense bill but Senate Majority Leader Trent Lott, R-Miss., and House Republicans have been adamant that the provisions would not be part of the final version of the legislation. The question had helped logjam the bill for months, with neither side relenting. Finally, ``I had to make the decision that in the interest of national defense, this bill must be acted upon by the Senate, hopefully favorably, and not be subject to filibuster and therefore I recommended to the Senate conferees and the House that this language in the Senate had to be dropped,'' Warner said. A House conference committee has yet to vote, but Warner said he considered the battle over. The House last month voted to tell their conferees to accept the Senate hate crime provision, but it was a nonbinding vote and cannot be enforced. The conference committees are trying work out differences between the House and Senate versions of the defense authorization bill. The anti-hate crimes provision would define crimes against homosexuals in much the same way as racially motivated crime. It would add crimes motivated by sexual orientation, gender or disability to the list of offenses already covered under a 1968 federal law, and allow federal prosecutors to pursue a hate-crime case if local authorities refuse to press charges. The legislation also provides assistance to local law enforcement agencies in investigating hate crimes. Advocates of the bill immediately attacked the GOP. "The Republican leadership in Congress has sent a shameful message to the nation that undercuts our commitment to civil rights and equal protection of the law,'' said Sen. Edward Kennedy, D-Mass. "When the chips are down, their true anti-civil rights colors are on full display.'' "The fact that the Republican leadership would take this action is reprehensible and will reflect poorly on Republicans around the country,'' said David Smith, spokesman for the Human Rights Campaign, a gay and lesbian advocacy group. Senate Minority Leader Tom Daschle, D-S.D., said Democrats may make a motion to consider a hate crimes bill on the Senate floor. Democrats will probably try every procedural move possible, doing "whatever we can" to get votes to allow them to "put pressure on our Republican colleagues to do the right thing," he said. While advocates say they will keep working to get a stand-alone bill through Congress or get the provision added to another bill, they admit that the defense bill was its best chance.

Congress Drops Hate-Crimes Measure From Bill

Congressional negotiators stripped a measure to expand hate crime protections for gays from a defense bill on Thursday, leaving slim hope it can pass this year despite majority support in both chambers. The hate crimes measure, a top legislative priority for President Clinton would expand federal hate crime protections -- which now cover race, religion and national origin -- to crimes motivated by sexual orientation, gender or disability. It was fiercely opposed by the Republican leadership in the Senate and House of Representatives, who refused to allow it to stay in the defense bill. "The Republican leadership in Congress has sent a shameful message to the nation that undercuts our commitment to civil rights and equal protection of the laws," said Sen. Edward Kennedy, a Massachusetts Democrat and Senate sponsor of the bill. Supporters said they would push to include the measure in this month's final budget negotiations between the House, Senate and White House. "Working with the bipartisan coalition that supports the legislation, I will continue to fight the Republican leadership in Congress to make sure this important work gets done this year," Clinton said in a statement. He said the Republican leadership had made a "serious mistake" in dropping the measure. In addition to expanding the crimes covered under hate-crime statutes, the measure would give more tools to state and local officials to investigate and prosecute hate crimes. And it would allow federal prosecutors to take a hate-crimes case if local authorities did not. The measure was approved 57-42 by the Senate earlier this year as an amendment to a defense authorization bill, but House Republican leaders refused to bring it to the floor for a direct vote. Pressure From Leadership The House, however, endorsed the bill last month in a nonbinding 232-192 vote that urged defense conference negotiators to keep the hate crimes measure in the defense bill. The vote drew the support of 41 Republicans amid fears the issue could come back to haunt Republicans in the election. But House conference negotiators, under pressure from the leadership, refused to accept the hate-crimes measure in the defense bill. Senate negotiators voted 11-9 on Thursday against keeping it in. Supporters have said the need for the bill was underscored by last month's shooting in a gay bar in Roanoke, Virginia, in which one man was killed and six others were injured. The alleged gunman, Ronald Edward Gay, was reportedly angry about persistent jokes about his name. The drive to expand the hate crime protections originally was inspired by the dragging death of a black man in Texas and the fatal beating of a gay man in Wyoming. Opponents of the hate crimes measure questioned whether the bill was needed, arguing current law was adequate in most cases and an expansion would tread on state prerogatives. Sen. John Warner, Republican chairman of the Senate Armed Services Committee, said he was concerned the controversial measure would doom the defense bill to a filibuster in the dying days of the session. Sen. Carl Levin of Michigan, ranking Democrat on the panel, said he had pushed to keep the hate crimes language in the bill. Warner was one of several lawmakers targeted in a $75,000 advertising drive by the Human Rights Campaign, a gay rights group, which said "election-year politics" was threatening the bill. The group's political director, Winnie Stachelberg, said in a statement the "morally reprehensible" decision to kill the measure sent the wrong message. "This is not only bad policy, it is bad politics, and their irresponsible actions may cost the party in November," she said.

Reporting hate crimes presents dilemma for many officials

Attorney General Janet Reno summoned police officials across the country to the Justice Department to discuss ways of improving the identification and reporting of hate crimes in the United States. Many police and elected officials fear that reporting such crimes could harm a community's public image.

Statement by the President: hate crimes legislation

Today, the Republican leadership made a serious mistake by stripping the hate crimes legislation from the Department of Defense Authorization bill, despite strong bipartisan support in both the House and Senate. The Republican leaders have turned their backs on legislation designed to send the message that all persons should be treated the same under the law -- no matter what their race, color, religion, sex, national origin, sexual orientation, or disability.

Gephardt statement on hate crimes

"I am outraged that Republicans have decided to contravene the bipartisan will of both the House and the Senate by dropping important hate crimes legislation from the Department of Defense (DOD) Authorization conference. By disregarding the will of both Houses of Congress, Republicans have eliminated a bill that would have given law enforcement officials at every level the enhanced tools they need to deal with horrible acts of hate-based violence. What they did was also a disgrace to the memories of the victims of hate crimes.

Conservatives Continue Pressing GOP Leadership

Conservative groups have stepped up their efforts to kill legislation that would expand the federal hate crimes law to provide greater protection to victims of violence based on their gender, disability or sexual orientation. Below is a copy of an action alert sent October 4, 2000 by the Christian Coalition. DO YOUR PART BY CONTACTING THE MEMBERS OF CONGRESS LISTED BELOW AND URGE THEM TO SUPPORT HATE CRIMES LEGISLATION.

Christian Coalition of America - Hate Crimes Action Alert

The Congress is expected to go home at the end of next week. This means that the final decision on whether or not Hate Crimes legislation becomes law this year is imminent! Your calls to Capitol Hill are needed now more than ever.

1) Action Item #1: Senator John Warner, who is Chairman of the of Senate Armed Services Committee and is heading up Senate negotiations on the defense authorization conference report, has now indicated that he is rethinking his opposition to hate crimes legislation in the wake of a gay-bar shooting in his state. We need for EVERYONE to call Senator Warner (224-2023) and urge him to “Oppose Hate Crimes legislation in any form.”

2) Action Item #2: We need for EVERYONE to call the House and Senate leadership and ask them to “please oppose hate crimes legislation in any form on any bill.” Majority Leader Lott (202-224-3135); Asst. Majority Leader Don Nickles (202-224-2708); Senate Appropriations Committee Chairman Ten Stevens (202-224-3004); House Speaker Dennis Hastert (202-225-0600); House Majority Leader Richard Armey (202-225-4000); House Majority Whip Tom DeLay (202-225-0197); House Appropriations Committee Chairman Bill Young (202-225-5961)

3) Action Item #3: We also need for EVERYONE to call the other Members of the Defense Authorization conference committee and ask them to “oppose Hate Crimes legislation in any form.” Conferees: Senators Thurmond (224-5972), McCain (224-2235), Smith of NH (224-2841), Inhofe (224-4721), Santorum (224-6324), Snowe (224-5344), Roberts (224-4774), Allard (224-5941), Hutchinson (224-2353), Sessions (224-4124), Levin (224-6221), Kennedy (224-4543), Bingaman (224-5521), Byrd (224-3954), Robb (224-4024), Lieberman (224-4041), Cleland (224-3521), Landrieu (224-5824), Reed (224-4642); and Representatives Spence (225-2452), Stump (225-4576), Hunter (225-5672), Kasich (225-5355), Hansen (225-0453), Weldon of PA (225-2017), Hefley (225-4422), Saxton (225-4765), Buyer (225-5037), Fowler (225-2501), McHugh (225-4611), Talent (225-2561), Everett (225-2901), Bartlett (225-2721), McKeon (225-1956), Watts of OK (225-6165), Thornberry (225-3706), Hostettler (225-4636), Chambliss (225-6531), Skelton (225-2876), Sisisky (225-6365), Spratt (225-5501), Ortiz (225-7742), Pickett (225-4215), Evans (225-5905), Taylor of MS (225-5772), Abercrombie (225-2726), Meehan (225-3411), Underwood (225-1188), Allen (225-6116), Snyder (225-2506), Maloney of CT (225-3822), McIntyre (225-2731), Tauscher (225-1880), and Thompson of CA (225-3311).

Note:  The same people and phone numbers work to SUPPORT all Hate Crimes legislation.

Interfaith Alliance News Release

Attention: News Desk, Assignment Editors, Political Desk. Contact: Rives Moore – (202) 639-6370 ext. 110/, Pager (888) 941-9614

Religious Leaders Praise Congressional Passage of Hate Crimes Legislation

Responding to the passage of HCPA legislation by the U.S. Congress, the Rev. Dr. C. Welton Gaddy, executive director of The Interfaith Alliance, issued the following statement:

"I applaud the U.S. House of Representatives for passing hate crimes legislation. Neither hate nor violence is a traditional American value, both are abominations to democracy and spirituality. Despite the ludicrous efforts of the religious right to defeat HCPA through the manipulation of religion and scripture, their exclusionary agenda did not prevail. The sacred scriptures of many different religious traditions speak with dramatic unanimity on this matter of hate. When true to the prophetic core of our various religions, we cannot condemn hate and then refuse to act to stop hate and the violence that hate foments upon us. Religion and government can work together to create a society in which diverse people are safe as well as free.

"Amid a lot of election year talk about forging partnerships between religion and government, here is the place for a true, dynamic partnership that does not involve dangerous institutional entanglements but reflects the highest integrity of both religion and government. We in the inter-religious community will continue to promote the primal moral values that nurture respect for the dignity and worth of every person and thus expose and seek to eradicate hatred as a malignancy of the mind and spirit. While it is true that legislation cannot remove hate from the hearts and minds of individuals, we learned a long time ago that legislation, like hate crimes legislation, can help to create a society in which people are influenced by their government's unbending intolerance of prejudice-based, hate-motivated violence. Today's action in the US House of Representatives proves a significant step in the right direction, but the struggle to eradicate hate from our society is not over."

Founded in 1994, The Interfaith Alliance (TIA) is a non-partisan clergy-led grassroots organization dedicated to promoting the positive and healing role of religion in the life of the nation and challenging those who manipulate religion to promote intolerance. With more than 100,000 members drawn from over 50 faith traditions, clergy-led local Alliances in 38 states, and a national network of activists in every state, TIA promotes civility, mutual respect, and cooperation in our increasingly-diverse society.

Hate Crimes Legislation

The House voted today for the Hate Crimes Legislation. The motion to instruct the Department of Defense conferees to retain the Local Law Enforcement Enhancement Act (the hate crimes amendment) on the final version of the bill PASSED the House of Representatives this afternoon by a vote of 232-192 with 190 Democrats and 41 Republicans in favor. Or, said another way, 90% of Democrats are against hate crimes, 79% of Republicans are for not punishing them. Although this motion is not binding, it does make a strong public statement that the House supports the legislation. Go to clerkweb.houise.gov/cgi-bin/vote.exe?year=2000&rollnumber=471 to see how your representative voted.

Ruling Overturns State Hate Crime Law

"The Georgia Supreme Court on Monday declared the state's hate-crime law unconstitutional in a ruling certain to renew divisive debate in the General Assembly convening in January.

Georgia's controversial law, enacted four years ago, allowed for enhanced prison sentences if a person or a person's property were victimized "because of bias or prejudice."

Forty-eight states have hate-crime laws, but only Georgia's did not specify to which groups of victims it applied. Other states' laws say hate crimes are committed because of a victim's race, religion, ethnicity, gender, disability or sexual orientation."
Source: Bill Rankin, www.civilrights.org/issues/hate/details.cfm?id=25780

Georgia Court Strikes Down Law On Hate

"The Georgia Supreme Court unanimously struck down the state's four-year-old hate-crimes law on Monday, saying it was "unconstitutionally vague."

"Justice Carol W. Hunstein wrote in the opinion that hate-crimes laws could be appropriate, but that this one did not give people of ordinary intelligence a specific enough warning of what conduct to avoid."

"It seems to me that most violent crimes are motivated by some sort of prejudice or bias," Mr. Wolfe said. "But if, in fact, there is going to be a hate-crimes statute, I think it should be well defined so the protected class is identified and known to everybody in the community."
Source: Ariel Hart www.civilrights.org/issues/hate/details.cfm?id=25766

Queer Science

An 'elite' cadre of scientists and journalists tries to turn back the clock on sex, gender and race
Source: Heidi Beirich and Bob Moser, www.splcenter.org/intel/intelreport/article.jsp?sid=96

'Disposable People'

A wave of violence engulfs the transgendered, whose murder rate may outpace that of all other hate killings

Source: Bob Moser, www.splcenter.org/intel/intelreport/article.jsp?pid=276

Rage on the Right

A rage is growing on the right. Before it is done, untold numbers of men and women may have to die, casualties in America's ongoing culture wars.
Source: Mark Potok, Editor,www.splcenter.org/intel/intelreport/article.jsp?aid=141

Bush angers slain man's family

The Byrds harbor deep resentments over the Texas governor's treatment of their family and failure to support a hate crimes bill.

Louvon Harris was walking through her modest Houston living room last Wednesday night, not really paying much attention to the second presidential debate on TV, when she heard Vice President Al Gore mention her brother's name.

"I kind of stopped," she says.

The subject was racial profiling, but Gore had changed the subject to hate crimes.

"James Byrd was singled out because of his race in Texas, and other Americans have been singled out because of their race or ethnicity," Gore said, referring to the death of James Byrd Jr., who was chained to a truck and dragged three miles to his death in June 1998 at age 49. By the time his torso was ditched at one of Jasper County's oldest black cemeteries, Byrd's head had been severed.

A hate crimes law would punish criminals for crimes rooted in prejudice, Gore said. "I think these crimes are different. I think they're different because they're based on prejudice and hatred which gives rise to crimes that have not a single victim but are intended to dehumanize a whole group of people," Gore argued. Gore pointed out that Gov. George W. Bush had let a hate crimes bill die in a Texas Senate committee.

That's when Bush responded -- and when Harris got "emotional."

Bush said Texas already had a hate crimes statute, and nothing more was needed, since Texas laws were tough on criminals regardless of the ethnicity of their victims.

"The three men who murdered James Byrd, guess what's going to happen to them?" Bush said, smiling. "They'll be put to death. A jury found them guilty. It will be hard to punish them any worse after they get put to death." In actuality, two of Byrd's three murderers -- John William King and Lawrence Russell Brewer -- have been sentenced to death, while the third, Shawn Allen Berry, was sentenced to life in prison, and will be eligible for parole after 40 years.

Reached over the weekend, members of the Byrd family said that they weren't surprised Bush got the details of the case wrong. Unlike other Texas public officials -- they cite local mayors, Sen. Kay Bailey Hutchison, R-Texas, and President Clinton -- Bush was never remotely comforting to their family after Byrd's grisly murder, they say.

"I wasn't surprised that he didn't know," says one of Byrd's younger sisters, Betty Boatner, 46. "I wasn't surprised at all."

Bush "should have known" the details of the trial, says Stella Byrd, James Byrd Jr.'s mother. "But I wasn't surprised about his reaction." She says Bush showed no concern when her granddaughter talked to him in May 1999 to try to persuade Bush to support the James Byrd Jr. Hate Crimes Act, which would have increased punishment for criminals motivated by hatred of a victim's gender, religion, ethnic background or sexual orientation. "So I'm sure with that lack of interest, he didn't ask to see what was going on."

The Byrd family, however, seems most angry with Bush for his opposition to the hate crimes law Democratic state legislators named after Byrd. They slam him for not supporting it -- as will an ad coming out this week sponsored by the NAACP National Voter Fund. The Byrd family also plans to vote for Gore.

But while the Byrds may have plenty of reasons to resent Bush, the Jasper County prosecutor who tried Byrd's killers says that even had the James Byrd Jr. Hate Crimes Act been at his disposal, the outcome would likely not have changed. The law would not have affected his ability to seek capital punishment for any of the three men, he says, and thus its relevance is questionable. How Bush treated the Byrds according to the family, however, is certainly something that the Democrats would do well to publicize.

Guy James Gray, a Jasper County district attorney -- and a Democrat who supports Bush -- says he was surprised Bush flubbed the details of the Byrd case. "I run into that a lot," Gray says. "A lot of people think that all three of 'em got the death penalty. But [Bush] should have known that there were two, and not three."

Byrd's sister Harris was offended, however, that Bush acted as if he had much to do with the swift, Texas-style prosecution the killers went through. "To me it was a show for the people," she says, "but the people who live in Texas know the kind of governor he is and the type of liar he is."

Says Harris: "I was offended that George Bush even used my brother's name."

The hostility that many members of the Byrd family feel toward the Texas governor is real, and if Democrats have their way, it will soon become well known.

The ad features Byrd's oldest daughter, Renee Mullins, 29, an Army veteran and homemaker who says she was moved to speak out on the issue after the debate. "It was just another way of him misleading the public," says Mullins. "He didn't have the statistics right."

More significantly, Mullins says, Bush left the impression that he supported hate crimes legislation. "I knew I had to do something," she says, "because I was a firsthand witness" to the fact that Bush opposed the 1999 hate crimes bill.

On May 6, 1999, Mullins; her cousin, Darrell Verrett; state Rep. Senfronia Thompson, D-Houston; and a gay rights lobbyist met with Bush to lobby on behalf of the bill.

"I went in there pleading to him," Mullins says. "I said that if he helped me move it along I would feel that he hadn't died in vain ... [Rep.] Thompson said, 'Gov. Bush, what Renee's trying to say is, Would you help her pass the bill?' And he said, 'No.' Just like that."

"He had a nonchalant attitude, like he wanted to hurry up and get out of there," Mullins says. "It was cold in that room."

The NAACP National Voter fund newspaper ad -- part of a radio, TV and newspaper campaign -- focuses on this exchange: "I went to Governor George W. Bush and begged him to help pass a Hate Crimes Bill in Texas," Mullins says in the ad. "He just told me no."

While responding, "We certainly understand their emotion," Bush spokesman Ray Sullivan disputes the Byrd family's description of his boss's attitude.

"Throughout the process, Governor Bush has treated the Byrd family with a great deal of respect," Sullivan says. "He spoke to them prior to Mr. Byrd's funeral. He gave 45 minutes of his time to meet with Miss Mullins. The governor's office helped to fund the prosecution of Mr. Byrd's killers."

The Byrds scoff at this. No one in the family spoke to Bush on the phone, they say. Mullins says she met with Bush for about half an hour -- and only after massive pressure on Bush to do so. Bush's office's effort to aid the prosecution was pretty simple, in the form of a $100,000 grant -- about a third of what the federal government and Jasper County taxpayers each kicked in. Moreover, Bush did nothing to help pass the hate crimes bill that bore James Byrd Jr.'s name.

The chasm between the Byrd family and the governor began right after Byrd's murder, when Bush said he wouldn't attend Byrd's funeral because he thought the atmosphere would be too "politically charged" -- even though Hutchison, Transportation Secretary Rodney Slater and other officials had no problem attending. Bush spokeswoman Karen Hughes said that Bush's no-show at the funeral was at the Byrd family's request, but no one in the Byrd family knows about such a request.

"Nobody told him to stay away," says Mullins.

The family also disputes Bush's claim that he called the Byrds to offer his condolences, saying that not one of them could recall ever speaking to him. Although Bush cannot recall whom he supposedly spoke with, a Bush spokesman produced phone records showing a two-minute phone call from the governor's mansion to a home in Jasper.

"He says that, but I don't know who he talked to," says Stella Byrd. "He didn't talk to me."

Bush's seeming indifference made him unique, the Byrds say.

"Lots of officials offered condolences to me, my parents and my brother's children," Harris says. "Senator Hutchison, she supported the family, she called the family, she talked to my brother's children. Even the president himself, he called the family, he talked to my brother's children and my parents, he offered his condolences personally.

"I can't understand why Bush wasn't able to get through," she says. "For him to make a point about that, and not know the facts about that, that's a lie."

Bush's opposition to the bill reportedly revolved around the fact that it would cover gays and lesbians. The governor's office "contacted the family and asked if we would consider taking sexual orientation out of the bill," Harris says. "And our answer was no, because the bill is for everybody. Everybody should be protected by the law."

But in 1994, Bush pledged to veto any effort to repeal an anti-sodomy law, calling it "a symbolic gesture of traditional values." Protecting gays under a hate crimes law presumably wouldn't even be a thought he would entertain.

In this, Harris and other members of the family take issue with Bush's claim to be "a uniter, not a divider." "If he was a uniter, then he'd be for all people and not just some people," Harris says. "He's very judgmental. He can't say 'uniter.' He divided himself when he tried to take sexual orientation out of the bill."

Bush spokesman Sullivan says the governor never took a position one way or another on the bill: "Ultimately, the 1999 bill failed in the Legislature and never made it to Governor Bush's desk. It never made it out of the Legislature."

Would Bush have voted for the House version?

"The bill never made it out of the Legislature," Sullivan says.

What about reports that he would have supported the bill had sexual orientation been removed from the list of prejudices included in the law?

"The bill never made it out of the Legislature," Sullivan says.

Democrats point out other holes in Bush's statements during the second presidential debate. He argued that "we have a hate crimes bill in Texas," referring to a bill signed into law in 1993 by then Gov. Ann Richards. Many Texas prosecutors consider the law too vague, and point out that as of the push for a stronger bill in May 1999, only two hate crimes cases had been prosecuted under state law.

District attorney Gray disagrees, saying that the current law -- which increases penalties for criminals motivated by "hatred of any group" -- is a "good law."

"No court has ever said that it's not good," Gray says, "though there haven't been a whole lot of prosecutions under it -- that's true."

Additionally, Sullivan says, Bush helped to strengthen the law in 1995 and 1997. "In '95 they clarified the law," making it less vague, he says, "and in '97 the Legislature passed, and Governor Bush signed, a law increasing the minimum sentence for misdemeanor hate crimes."

Plus, had a stronger hate crimes law been on the books, the case against the three men who brutally attacked Byrd would probably not have turned much different.

Texas law allows for the death penalty only when a criminal has been convicted of another crime -- in addition to murder -- that is included on a list of specified aggravated offenses. In the Byrd case, the additional charge to murder was kidnapping. The proposed Byrd hate crimes bill, however, would not have counted any "hate crime" as a second offense toward capital punishment.

"The various hate crimes bills, none of them call for the death penalty," Gray says.

"That was a little bit of a problem for us, finding the second offense," Gray says. "We were able to do it, but it would have been easier if in the capital statute there was something like a hate crime, something involving torture or dragging." Gray says there were other reasons why Berry didn't receive the death penalty. "I made a mistake in jury selection," Gray says. "The verdict was 10-2 on the death penalty, and one of them was pretty vocal against it. Also, part of it was he really wasn't as culpable as the other two. He hadn't been in the Klan; he hadn't been in the penitentiary before."

Also, Gray says, "one of his jailers allowed him a little extra freedom to get outside and paint and things. And that had an impact on the jury, that the jailer didn't think he was very dangerous."

What of Bush's portrayal of himself as part of a system that pushed for the most severe punishment for King, Brewer and Berry?

During the trials of the three men, Byrd's sister Harris says, Bush "didn't offer any support. The FBI and the prosecution team fought hard and proved kidnapping and murder -- that wasn't because of state of Texas laws. For him to sit there and take credit for things he didn't do was offensive to me and my family."

While the Bush campaign counters that Bush approved the $100,000 grant to aid the prosecution's efforts, Gray estimates the cost of the prosecutions to be around $750,000, about a third of which came from the federal government.

But the technical details, at least for the Byrds, don't seem to be the point. Beneath the surface of their outrage lies the failure of Bush -- usually a master of superficiality -- to make basic gestures of humanity toward a grieving family.

"It's really not a Democrat thing or a Republican thing," says Mullins, Byrd's oldest daughter, of her support for Gore. "I usually vote for the best person, regardless of what party they're in. But I just think that Gore is more sympathetic."

Members of the Byrd family think that Bush was indifferent and duplicitous in their time of grief; cold and callous during their efforts to pass a law so that, in their minds, James Byrd Jr. didn't die in vain; misleading and woefully ignorant on the campaign trail whenever Byrd's name was raised. They think he's lying about his phone call to them, that he's lying about meeting with Mullins for 45 minutes, that he's lying about caring in any way about their plight. And though Bush may be fundamentally correct in his assertion that the proposed hate crimes bill would not have made a difference in this case, his clumsiness as a "healer" has manifested itself in some strong suspicions by the Byrd family.

"If he had his way, he would be standoffish to black America," Harris says. "But since he's running for president, he has to do his campaigning as if he loves all people. But I have my doubts about that. I think it's all a ploy. I'm not in a position to judge anybody's heart, but actions speak louder than words."
Source: Jake Tapper, Washington correspondent for Salon News. archive.salon.com/politics/feature/2000/10/16/byrds/print.html

The Impact of Hate Violence

Law enforcement officials across the country have come to recognize that hate crimes demand priority attention because their special emotional and physical impact extends beyond the original victim.

These senseless acts of violence terrorize whole communities. American communities have learned the hard way that failure to address bias crimes can cause an isolated incident to fester and result in widespread tension.

Source: www.civilrights.org/publications/reports/cause_for_concern_2004/

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The study of crime begins with the knowledge of oneself. - Henry Miller

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