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Matthew Shepard Act

Matthew Shephard Hate Crimes Prevention Act Enacted by Congress – Some Constitutional Considerations

October 23, 2009

     Yesterday Congress enacted the Matthew Shepard Hate Crimes Prevention Act as part of the National Defense Reauthorization Act for 2010.  This law makes it a federal offense to assault people because of their race, color, religion, national origin, gender, sexual orientation, gender identity or disability.  However, because of constitutional considerations, crimes based on the [...]

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The Pending Federal Hate Crimes Legislation: Part 2

June 30, 2009

     In yesterday's post I stated that there are three objections commonly raised against the enactment of the Hate Crimes Act currently pending in Congress.  Those objections are that (1) Congress lacks authority to enact the law; (2) the law infringes upon freedom of speech; and (3) the law confers "special treatment" on certain favored groups.  I [...]

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The Pending Federal Hate Crimes Legislation – Part 1

June 29, 2009

     On April 29 the House of Representatives adopted a bill (H.R. 1913) entitled the "Local Law Enforcement Hate Crimes Prevention Act of 2009."  This legislation has been referred to the Senate Judiciary Committee for consideration.  The law would make it a federal offense to commit violence against someone because of the person's "race, color, [...]

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