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A.J.
"Rabbi David Saperstein, Director of the Religious Action Center of Reform Judaism, delivered written testimony on the urgent need for the passage of this legislation. Rabbi Saperstein’s testimony follows:
Thank you for the opportunity to address you regarding the urgent need for increased protections against violent, bias-motivated crimes. I am Rabbi David Saperstein, Director of the Religious Action Center of Reform Judaism. The Center is the public policy arm of the Union for Reform Judaism, whose more than 900 congregations across North America encompass 1.5 million Reform Jews, and the Central Conference of American Rabbis, whose membership includes more than 1800 Reform rabbis. I want to recognize the contributions that my staff, most particularly Jason Fenster, made in helping to prepare this testimony. The Reform Jewish Movement is the largest in American Jewish life, and we have strongly supported the Matthew Shepard Hate Crimes Prevention Act (S. 909) for a decade. We commend Senators Kennedy, Collins, Snowe, Leahy and Specter for their vital leadership on this issue, as on so many others. We agree with them: It is time to see this bill passed and enacted into law.

We are here today remembering too many violent acts, too many children taken from parents, too many parents taken from children, and too many families and communities shaken by violent acts of hate. Most recently, the nation was shocked and horrified by the murder of Officer Stephen Tyrone Johns at the United States Holocaust Memorial Museum. That day, Rabbi Eric Yoffie, President of the Union for Reform Judaism remarked, “That today’s shooting at the United States Holocaust Museum should take place at a site expressly created to teach the world about the destruction and devastation brought about by human evil deepens the resonance of this terrible act.” The bigotry and hatred evident in this attack, and the others discussed at this hearing, vividly reaffirm the ever-present dangers of violent hate crimes.

We have no illusions about this bill. We know that it will not end hate crimes overnight. But we believe that crimes based on race, ethnicity, nationality, religion, disability, gender, and, yes, crimes based on sexual orientation and gender identity, are crimes against our communities, against the values of our nation and against all of humanity. A crime born of intolerance tears at the very fabric of our freedoms. Hate crimes are more than mere acts of violence. They are more than murders, beatings and assaults. Hate crimes are nothing less than attacks on those values that are the pillars of our republic and the guarantors of our freedom. They are a betrayal of the promise of America. They erode our national well-being. Those who commit these crimes do so fully intending to pull apart the too-often frayed threads of diversity that bind us together and make us strong. They seek to divide and conquer. They seek to tear us apart from within, pitting American against American, fomenting violence and civil discord.

We take to heart the commandment “You may not stand idly by when your neighbor’s blood is being shed” (Leviticus 19:16). Too much blood has been shed and too many lives have been lost. We must not continue to permit the senseless loss of life caused by hatred and bigotry. The Matthew Shepard Hate Crimes Prevention Act will give law enforcement officials the tools they need to ensure that hate crimes are handled appropriately so terrorized communities need not live in constant fear of violence.

This legislation would provide support to local law enforcement from federal officials through training and technical assistance, ensuring that these egregious crimes are handled properly and that victimized communities are set on a path toward healing. Of course, states will continue to play the primary role in investigating and prosecuting bias-motivated violence, but this legislation will grant the federal government the authority to intervene in cases where local authorities are either unable or unwilling to do so.

The murder of Luis Ramirez in Shenandoah, Pennsylvania last July is one shocking reminder of the need for federal assistance in the prosecution of hate crimes. Luis was viciously attacked by teenagers who shouted racial epithets at him as they brutally assaulted him, punching him to the ground and kicking him in the head, leaving him unconscious. Afterwards, according to a report by the Leadership Conference on Civil Rights Education Fund titled “Confronting the New Faces of Hate: Hate Crimes in America 2009,” one of the assailants reportedly yelled (expletives omitted) “Tell your…Mexican friends to get…out of Shenandoah or you’ll be…laying next to them.” Luis, a father of two, died two days later, and his attackers, despite clear evidence of bias-motivation, were convicted only of simple assault.

Surely, this is not justice. Surely, the values we hold as a nation demand more. Surely, such intolerance, hatred, and violence cannot be condoned in our society. Our federal government has a responsibility to seek justice for families of victims and to work to protect our communities from hate-motivated violence. In Luis’ case, the Department of Justice has jurisdiction to bring charges because the assault took place on a public road, and they have indicated that they may yet do so. Had the assault occurred in private space, only a few feet away, the federal government would have no recourse. The Matthew Shepard Hate Crimes Prevention Act would remove the barrier regarding federally protected activity and to help ensure that these horrific offenses are handled appropriately.

The data that exists regarding hate crime statistics is troubling. First, we are well aware that hate crimes are underreported. The LCCR-EF report stated, current numbers “almost certainly understate the true numbers of hate crimes committed. Victims may be fearful of authorities and thus may not report these crimes. Or local authorities do not accurately report these violent incidents as hate crimes and thus fail to report them to the federal government.”

Prime among the under-reported populations are the disability community. According to the aforementioned report, “the biggest reason for underreporting of disability-based hate crimes is that disability-based bias crimes are all too frequently mislabeled as “abuse” and never directed from the social service or education systems to the criminal justice system.” Vulnerable communities should be safe from violence and should be safe to report those claims and be protected by the appropriate authorities.

Perhaps more troubling are reports that hate crimes committed against victims because of their sexual orientation have risen to their highest level in five years. Victims from the LGBT community have been the third most frequent target of hate crimes for the past decade, behind Blacks and Jews. Regardless of a given community’s views on the LGBT community, the presence of continued intolerance and violence is disgraceful. It should not and cannot exist in an America where are people are treated equally, where all people are deserving of respect and dignity.

While the Reform Jewish Movement proudly welcomes LGBT individuals, there are, of course, faith traditions that hold different views. To be clear, this legislation only applies to bias-motivated crimes and will not affect lawful public speech or preaching, and therefore need not be of concern to any religious community. In fact, in order to make certain that such concerns were addressed, specific language is included in Section 10 that reads, “Nothing in this Act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of whether compelled by, or central to, a system of religious belief), including the exercise of religion protected by the First Amendment and peaceful picketing or demonstration.”

Let me be as clear I know how to be: as a Rabbi and Lawyer who has taught Church/State law at the Georgetown University Law Center for 30 years, I can say with conviction that the beliefs or words of any person, clergy or otherwise, will not be prosecuted. This legislation is concerned with hate crimes. It deals with violent conduct and attempts at bodily injury, not the preaching or sermons of members of the clergy. This is a “belt and suspenders” approach to protecting religious liberty, and should address all reasonable concerns.

We are cognizant of the range of views among faith traditions on the issue of homosexuality. While we hope that those faith traditions who are not accepting of LGBT individuals will recognize that spark of divinity in every person, their rights to free speech and free exercise of religion will not be affected by this legislation.

Despite the attention focused on opposite views, it should be clear that there are a large number of religious organizations and denominations, the Reform Jewish Movement included, who have come together to support the Matthew Shepard Hate Crimes Prevention Act. In all, 48 national faith-based organizations joined a sign-on letter sent to Senators earlier this month affirming,

“Hate is neither a religious nor American value. The sacred scriptures of many different faith traditions speak with dramatic unanimity on the subject of hate. Crimes motivated by hatred or bigotry are an assault not only upon individual victims' freedoms, but also upon a belief that lies at the core of our diverse faith traditions – that every human has inherent value and that every life is sacred” (See attachment for the full letter and endorsing organizations).

The Jewish people specifically know all too well the dangers of unchecked persecution and of failing to recognize hate crimes for what they are: acts designed to target and terrorize an entire community. Furthermore, we find in our textual tradition a call to combat hatred and speak up for justice and righteousness. In Kedoshim, the Holiness Code, we are commanded, “You shall not hate another in your heart” (Leviticus 19:17) and shortly thereafter we read “you shall love your neighbor as yourself.” (Leviticus 19:18). Hatred breeds hate and we must strive for a community, a nation, and a world driven by love for our fellow person.

In closing, our nation must have the ability to respond. That is what this bill is about. It grants us the ability to protect the pluralism that lies at the core of our democracy. It grants us the ability to stand as one nation, with the victims and survivors of hate crimes and to say, this crime against you was a crime against all of us, and we will not rest until justice is done. It grants us the ability to give our loftiest ideals their greatest form of expression in a law that seeks to protect all Americans from ever being targeted on the basis of race, religion, ethnicity, gender, disability, sexual orientation or gender identity.

In this spirit, I urge you to vote out the Matthew Shepard Hate Crimes Prevention Act, put into law true family values of tolerance, respect and love."

http://rac.org/Articles/index.cfm?id=3534&...amp;pge_id=2541







pathmender
Dear A.J.,

Very good post with a lot of excellent observations. I understand that the comments contained herein were directed to the American people to gain support of eradicating hate crimes; however, it is important to remember that the suffering of such pestilence is not isolated blight of the United States. Many cultures are represented in the Americas, and not all view or are viewed the same. Many harbored hates stem from the wrongs of past, which are in turn, inherited by the seed of the next generation(s). This fostered behavior is a two-way street and though I feel America does needs to end hate crimes, it's success is dependent on all countries adopting the same growth of mind and conscience .
While the bill may do something for America, the rest of the world needs to be addressed too.
Just my opinion.

God's blessings,


Rev. Campbell.
Mantis316
I agree completely that hate crimes need to end forever, obviously I do, my only question is what kind of violent crime would not be considered hateful? I can't think of any example where a violent act between two human beings, real Warriors excluded, is rooted in anything other than hatred, and that hatred rooted in ignorance. If I'm killed by a man only because he hates me, will that somehow hurt my loved ones more than if he kills me because he's starving and too proud to ask for my help, or if he's drunk, or clumsy, or just had a fateful accident that day? I don't believe so, nor do I believe that that would affect my ability to forgive him or lessen his own pain for doing something so blatantly against God, if not in this life than at least in the next. Not saying I don't support this bill, just that I think once a crime's been committed, having to figure out whether or not it was truly "hateful" by using a definition of "hate" that may or may not be open to interpretation is unnecessarily prone to confusion, abuse, and will just get in the way of figuring out how healing should begin. Again, not saying it's more bad than good. Anyway, how about calling them "crimes of ignorance"?

God bless us all

pathmender
QUOTE (Mantis316 @ Jul 2 2009, 05:17 PM) *
I agree completely that hate crimes need to end forever, obviously I do, my only question is what kind of violent crime would not be considered hateful? I can't think of any example where a violent act between two human beings, real Warriors excluded, is rooted in anything other than hatred, and that hatred rooted in ignorance. If I'm killed by a man only because he hates me, will that somehow hurt my loved ones more than if he kills me because he's starving and too proud to ask for my help, or if he's drunk, or clumsy, or just had a fateful accident that day? I don't believe so, nor do I believe that that would affect my ability to forgive him or lessen his own pain for doing something so blatantly against God, if not in this life than at least in the next. Not saying I don't support this bill, just that I think once a crime's been committed, having to figure out whether or not it was truly "hateful" by using a definition of "hate" that may or may not be open to interpretation is unnecessarily prone to confusion, abuse, and will just get in the way of figuring out how healing should begin. Again, not saying it's more bad than good. Anyway, how about calling them "crimes of ignorance"?

God bless us all



Dear Mantis 316,

I think perhaps you may be viewing the term “hate crimes” a little too specifically for something that is a general term. To my understanding, hate crimes refers to those committed and fueled by prejudicial motives. One can hate due to color, race, religion, sex, or sexual orientation. But to harm those we hate for such reasons is considered a hate crime. To harm another in the midst of passion, greed, accident, self-defense, or even fear, are not considered hate crimes, as these were not prejudicially motivated. They are simply crimes that come with their own set outline and punishment.
The reason there is such an outcry for justice against hate crimes specifically is because these are crimes that when treated as any other, do not offer any support or protection to usual targeted groups of people, and send the message of; yes, you will be convicted if caught, but it is ok to continue your hate for that group. The idea for more recognition to hate crimes is to deter prejudicial persecution, and thereby ensure better protection for such targeted groups. Such protection is also related to a better social acceptance over all, and therefore put an end to bigotry as a norm.
Hope this helped a little. smile.gif

God’s blessings,

Rev. Campbell.
roadrunner
QUOTE (pathmender @ Jul 3 2009, 12:03 AM) *
Dear Mantis 316,

I think perhaps you may be viewing the term “hate crimes” a little too specifically for something that is a general term. To my understanding, hate crimes refers to those committed and fueled by prejudicial motives. One can hate due to color, race, religion, sex, or sexual orientation. But to harm those we hate for such reasons is considered a hate crime. To harm another in the midst of passion, greed, accident, self-defense, or even fear, are not considered hate crimes, as these were not prejudicially motivated. They are simply crimes that come with their own set outline and punishment.
The reason there is such an outcry for justice against hate crimes specifically is because these are crimes that when treated as any other, do not offer any support or protection to usual targeted groups of people, and send the message of; yes, you will be convicted if caught, but it is ok to continue your hate for that group. The idea for more recognition to hate crimes is to deter prejudicial persecution, and thereby ensure better protection for such targeted groups. Such protection is also related to a better social acceptance over all, and therefore put an end to bigotry as a norm.
Hope this helped a little. smile.gif

God’s blessings,

Rev. Campbell.


I do not believe we can legislate an end to bigotry or any other crime. We have ample laws on the books to cover every possible violation against anyone at anytime. how does enacting laws to protect certain groups and not others equal rights? enforce the laws we have and we are on the way to equal rights to all, we do not need more laws just enforcement of the ones we have..
To`na Wanagi
QUOTE (roadrunner @ Jul 17 2009, 09:03 PM) *
I do not believe we can legislate an end to bigotry or any other crime. We have ample laws on the books to cover every possible violation against anyone at anytime. how does enacting laws to protect certain groups and not others equal rights? enforce the laws we have and we are on the way to equal rights to all, we do not need more laws just enforcement of the ones we have..



Truly? And where will we find enough people with integrity who will enforce them justly? Ask any Native American if the laws protect them and their rights to sovereignty and I am sure you will be met with a simple, but sarcastic smile...no words are needed for them to express the indignancies that still prevail on the modern day reservations....To`na Wanagi
pathmender
QUOTE (roadrunner @ Jul 17 2009, 09:03 PM) *
I do not believe we can legislate an end to bigotry or any other crime. We have ample laws on the books to cover every possible violation against anyone at anytime. how does enacting laws to protect certain groups and not others equal rights? enforce the laws we have and we are on the way to equal rights to all, we do not need more laws just enforcement of the ones we have..



Dear Roadrunner,

I did not say legislation would end bigotry, as I too believe this would not be the final solution. But I do believe having tougher penalties toward such ignorance and hatred will testify to a country's intolerance of such acts, and therefore EVENTUALLY pave a new road to acceptance and understanding. But first something must be started to make that change.
Choose to believe it or not, but there are they who require a little extra protection. A man who harms another is charged with battery, but a man who harms his wife is charged with spousal abuse and opens the doors to more police freedom of action, and the courts more discretion with sentencing. Why, because it was needed. Rape is a hideous crime no matter the victim, but when considering pedophilia, the need for stronger sentencing becomes quite obvious. Even schoolyards have seen the need for zero tolerance policies when it comes to bullying and hate crimes.
So yes, there are laws in existence that should be sufficient to protect the general public; however, there are still groups of people who require the extra measure. Indifference to their specific protection is the same as tolerance for hate and ignorance. The crime for which one may be accused is addressed, but the persecution is ignored.

God’s blessings,

Rev. Campbell.
roadrunner
QUOTE (pathmender @ Jul 18 2009, 09:49 AM) *
Dear Roadrunner,

I did not say legislation would end bigotry, as I too believe this would not be the final solution. But I do believe having tougher penalties toward such ignorance and hatred will testify to a country's intolerance of such acts, and therefore EVENTUALLY pave a new road to acceptance and understanding. But first something must be started to make that change.
Choose to believe it or not, but there are they who require a little extra protection. A man who harms another is charged with battery, but a man who harms his wife is charged with spousal abuse and opens the doors to more police freedom of action, and the courts more discretion with sentencing. Why, because it was needed. Rape is a hideous crime no matter the victim, but when considering pedophilia, the need for stronger sentencing becomes quite obvious. Even schoolyards have seen the need for zero tolerance policies when it comes to bullying and hate crimes.
So yes, there are laws in existence that should be sufficient to protect the general public; however, there are still groups of people who require the extra measure. Indifference to their specific protection is the same as tolerance for hate and ignorance. The crime for which one may be accused is addressed, but the persecution is ignored.

God’s blessings,

Rev. Campbell.


I believe that if the present laws are enforced the protection is there for all the wronged, we are never going to be rid of all problems by writting legislation, it only create clutter no one can keep up with. Bills that are hundreds of pages long take away our freedoms not ensure it.
To`na Wanagi
QUOTE (roadrunner @ Aug 6 2009, 12:08 AM) *
I believe that if the present laws are enforced the protection is there for all the wronged, we are never going to be rid of all problems by writting legislation, it only create clutter no one can keep up with. Bills that are hundreds of pages long take away our freedoms not ensure it.



Again I will ask you, Truly? And where will we find enough law enforcement, judges, and legislators who have the integrity to enforce them justly and without prejudice?...To`na Wanagi
lost sailor
Ahem, this is my first post here, so here goes:


Not all violent crime is an act of hatred, however it can cause violent action for a variety of reasons including prejudice. Therefore, the creation of "special circumstances" has in reality made this a political crime, and that's something us Americans have not been used to (until modern times with "political correctness" as the driving force). If a white man gets attacked by a black man, is it less of hatred and more of payback?
I think not, regardless of who gets attacked. Where will it end? If a blond haired person beats up a red haired person is will it too become a "hate crime"? Is the opposite a "love" crime?

My generation having gone from hippie to hypocrite, from need to greed, seems to want more than an eye for an eye for even the slightest infraction. What happened to the ideas of our youth when whatever your "thing" was, is ok as long as it brought no harm to anyone??

(Yes, I am originally from San Francisco)

Hate is hate. It cannot be legislated away by man's laws.
Criminals need to repent and be forgiven just as we need to forgive them.


Psa 122:8 For my brethren and companions' sakes, I will now say, Peace be within thee.

Rev. Lew
To`na Wanagi
QUOTE (lost sailor @ Nov 2 2009, 03:29 AM) *
Ahem, this is my first post here, so here goes:


Not all violent crime is an act of hatred, however it can cause violent action for a variety of reasons including prejudice. Therefore, the creation of "special circumstances" has in reality made this a political crime, and that's something us Americans have not been used to (until modern times with "political correctness" as the driving force). If a white man gets attacked by a black man, is it less of hatred and more of payback?
I think not, regardless of who gets attacked. Where will it end? If a blond haired person beats up a red haired person is will it too become a "hate crime"? Is the opposite a "love" crime?

Reply; This type of legislation is designed to discourage mob mentality and vigilante justice groups who are ready and willing to jump on the bandwagon of any aspiring tyrant or false prophet. It is also designed to ensure the rights of those who practice different faiths/religions as we saw after 9/11, for people who are targeted for persecution or aggression such as gays like Matthew Shephard, and those of different colors/ethnicities who have become targets as well (need I remind us of the lynchings of blacks in our recent past?).

My generation having gone from hippie to hypocrite, from need to greed, seems to want more than an eye for an eye for even the slightest infraction. What happened to the ideas of our youth when whatever your "thing" was, is ok as long as it brought no harm to anyone??

Reply; I was a political and social activist during the hippie movement and I still hold to the philosophies of that time. I do not recall as an active participant of that era that "whatever your 'thing' was, is ok as long as it brought no harm to anyone". That concept was a corrupted version of what the government wanted the world to view the "Hippie" as; a malcontent, drug-crazed, sex-starved, anarchist and communist who was little more than a traitor to our country. This stereotype will continue so long as there are people who continue to corrupt and distort the original context of the philosophy of our social movement. We did not endorse a "whatever" attitude. We saw the harm of using mind-altering chemicals. We were based on a clarity of vision that saw the ills of our society and the evils of our government and sought a peaceful means to effect change. And most of my constituents from that time are now social workers for the poor, ministers, domestic violence and mental health counselors, and continue to be strong advocates for change in our social justice system. And several of them died in Viet Nam, and several of them survived Viet Nam and are still suffering and being ignored by the system that sent them there with promises of aftercare and a bright future.

We also do not endorse organizations like the ACLU who are willing to represent hate groups like the KKK or paramilitary groups who seek to disrupt the peace of our communities by their prejudicial rhetoric. These are the groups that continue to thrive and show us that hate crime legislation is needed and the victims of these perpetrators of hatred are protected. We must stand against them loudly and say, "Not in my neighborhood!"


(Yes, I am originally from San Francisco)

Hate is hate. It cannot be legislated away by man's laws.
Criminals need to repent and be forgiven just as we need to forgive them.

Reply; Every social order on this planet has established a rule of conduct and an order of consequences for violations of their established laws. They must be enforced and hold true to the "let the punishment fit the crime" mandate. When an unruly child has become a tyrant and dictator to his peers, then legislation is required for the parent to rein in that child. I agree that once a criminal has served his/her sentence they should be allowed the opportunity to reenter the social order and become productive members of that society. Forgiveness is required in order to acheive equity for both the victim and the perpetrator. However....when any population of people are oppressed and persecuted for long periods of time, resentments and animosity run deep and forgiveness is dificult. It is often the case that those who were once victims and pursuing the status of liberators, will eventually themselves become the oppressors. The history of the human species confirms that.

Psa 122:8 For my brethren and companions' sakes, I will now say, Peace be within thee.

Rev. Lew


"I would have despaired had I not believed I would see the goodness of the Lord in the land of the living. Be strong and let your heart take courage and wait for the Lord. Yes, wait for the Lord" Ps. 27:13-14 (NASV)

And may the peace of God be also with you....To`na Wanagi
lost sailor
You have some valid points there. I agree in concept with most of them -- the original movement in San Francisco was primarily art, music, and expanding consciousness, yes that included experimenting with drugs and exploring different religions along with many other endeavors to find peace of mind and who we were. The lessons learned were sometimes harsh but could not be taught, they had to be discovered.
The original movement was distorted by newcomers to the City who wanted their own "hippie movement" and by 67 it was a different concept.
Yes, we did have acceptance for what your "thing" was. You had a right to your own beliefs and as long as you did not become violent. We did not have to agree. but confrontation was not the way to resolve the difference.

I came from the inner city and was very poor. I can relate to the poor, suffering, mentally ill, and incarcerated. I have been around nearly unpleasant situation an inner city can offer, some as personal tragedy, others who were friends, and observing things happening to people I
did not know. I am glad to hear you address those issues and do something about them. I am a street preacher and I hope I am making a difference one person at a time. I wish you the greatest success in your ministry.

Back on subject, I guess I am saying that we can't legislate change, and making more laws, especially ones that "send a message" are more a political statement, with little effect in the end, and just numbs us to the overwhelming number of rules and regulations we have now as opposed to times past. I think we should have a choice and make our own decisions and live with the results. This includes crime and just punishment.


Prov. 2-6: To know wisdom and instruction; to perceive the words of understanding; To receive the instruction of wisdom, justice, and judgment, and equity; To give subtilty to the simple, to the young man knowledge and discretion. A wise man will hear, and will increase learning; and a man of understanding shall attain unto wise counsels: To understand a proverb, and the interpretation; the words of the wise, and their dark sayings.

Rev. Lew
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