Debate on gay rights could derail state hate crimes law
While Senate group studies restoration, House leader sees no need to address it


The Atlanta Journal-Constitution
Published on: 12/26/07

A bipartisan effort to restore Georgia's hate crimes law could become bogged down in a behind-the-scenes debate over whether to include gays and lesbians in its reach, according to those familiar with the issue.

A state Senate study committee must decide by mid-January whether to proceed with the legislation, which is supported by a broad array of prosecutors, religious and civil rights groups — and GBI Director Vernon Keenan.

RELATED LINKS:
Voter resources, Political Vent and calendars
National campaign news

A Senate decision could be colored by House Speaker Glenn Richardson, who recently said he's not inclined to take the issue up when the Legislature reconvenes in Atlanta in January.

"I haven't seen a dramatic change in crime levels since the Supreme Court tossed it out," Richardson said. "I see no reason to address it. I never have understood treating crimes with different punishments because of the person against whom you committed it."

But those who support the effort say objections to the legislation extend beyond philosophy — and that the key hurdle may be defining whom the measure is intended to protect.

"We understand that there are legislators who are going to be more skeptical about the bill if it includes sexual orientation," said Bill Nigut, regional director of the Anti-Defamation League. Nigut said his group nonetheless supports the inclusion of gays and lesbians in the legislation.

Sadie Fields, leader of the Georgia Christian Alliance, said she doesn't necessarily agree with the concept behind a hate crimes measure. "We definitely would oppose any legislation that included sexual orientation," said Fields, who spearheaded the effort to incorporate a ban on gay marriage into the state constitution in 2004.

Cathy Woolard, former president of the Atlanta City Council, is a lobbyist for Georgia Equality, an advocacy group for gays and lesbians. Woolard said she considers extending hate crime coverage to homosexuals as the primary sticking point in the Legislature. Without it, she said, "I think it would go through in a minute."

But with it, debate over a hate-crimes bill in Georgia could mirror arguments over anti-discrimination legislation before Congress. Some religious conservatives have said that including sexual orientation as protected category in federal legislation would chill their right to condemn homosexuality from the pulpit.

Passed in 2000, Georgia's hate crime law permitted judges to hand down heavier sentences for crimes committed out of "bias or prejudice." In 2004, the Georgia Supreme Court ruled the language "vague" and thus unconstitutional.

A Democratic measure to restore the law, led by state Sen. Vincent Fort of Atlanta, passed the Senate Judiciary Committee last year, and included sexual orientation as a protected status.

But the Fort bill never reached the Senate floor.

Instead, the chamber backed legislation by rookie Sen. Bill Cowsert (R-Athens) to study the matter. Chamber is now chairman of a committee of four Republicans and three Democrats, which must finish its work before lawmakers return next month.

Cowsert said any new legislation would have to name specific protected groups that would be covered by the designation of "hate crimes."

In other states, such legislation often defines bias-motivated acts as those in which the victim is selected because of race, religion, sexual orientation, ancestry or nation of origin. In Florida, the elderly are a protected group.

Cowsert's study committee has met twice. In September, Keenan, the GBI director, was among the first to cite the need for new legislation. Keenan noted that Georgia was one of five states without a hate crimes law.

"Crimes motivated by bias strike at the foundation of a free society," the GBI director said. "Hate crimes legislation is a statement that such conduct will not be tolerated."

Groups representing Georgia's police chiefs, sheriffs and prosecutors have also endorsed the restoration of the hate crime law.

Cowsert said the study group has been hampered somewhat by the lack of hard data on hate crimes. In November, the FBI reported that hate crime incidents in the United States rose by nearly 8 percent in 2006, with racial prejudice continued to account for more than half the reported instances.

In Georgia, a total of 13 hate crimes were reported for 2006, but only four law enforcement agencies in the state keep track of such information. Atlanta counted seven incidents; Conyers, one; Norcross, two; and University of Georgia, three.

Six of the incidents involved racial prejudice. Sexual orientation was a cause in four cases.

But Cowsert said any legislation wouldn't address the information shortage. While law enforcement groups support a hate crimes bill, they don't want added paperwork. "We have not received encouragement or requests to add to the administrative burdens of local police departments," Cowsert said.

Groups supporting the legislation advocated the inclusion of sexual orientation as a protected status during a six-hour hearing in November. Cowsert noted that no one spoke against the inclusion of gays and lesbians during the hearing, but admitted that "it could be a factor."

"We want to make certain there's broad-based support for it," the committee chairman said. "One thing that comes up is a concern that we don't squelch free speech or expression."

That shouldn't be a concern, said David Barkey, an ADL lawyer who testified at the November hearing. He said Georgia lawmakers faced a similar situation when drawing up legislation that increased penalties for crimes committed by street gangs.

"They already have a statute in place where they distinguish between freedom of speech and criminal activity," Barkey said.

Search AJC Archives

Search staff-written and other selected articles.
Advanced search

from 1985 to present     from 1868 - 1939
  

Kudzu.com services

Find the right people for the job:

Keyword     Business Name

Powered by Kudzu

AJCPets » The community for Atlanta pet lovers