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NEWS RELEASE
For Immediate Release
May 11, 2005

EQUALITY MARYLAND
Contact: Dan Furmansky, Executive Director
Phone:    Office 301-587-7500
Cell    301-461-4900
Email:  dan@equalitymaryland.org

 

EQUALITY MARYLAND URGES GOVERNOR EHRLICH TO STAND UP AGAINST VIOLENCE

Governor Was Original Co-sponsor of Maryland's Hate Crimes Act in 1988

Annapolis - Equality Maryland, Maryland's Lesbian, Gay, Bisexual and Transgender (LGBT) advocacy organization, expressed concern today that Governor Robert L. Ehrlich, Jr. has not yet taken a position on legislation sitting on his desk that strengthens Maryland's existing hate crimes statute. House Bill 692, the Hate Crimes Penalties Act, sponsored by Delegate Adrienne Jones (D-Baltimore County), would add crimes motivated by a victim's sexual orientation, including gender identity, to the state's hate crimes statute, which Gov. Ehrlich helped to create when serving in the House of Delegates. That law has been on the books since 1988, when the General Assembly passed House Bill 1095 unanimously, 106-0. Delegate Samuel "Sandy" I. Rosenberg (D-Baltimore City) was the lead sponsor of that legislation; there were three original cosponsors, including then-Delegate Robert Ehrlich, Jr.

"The majority of states in this country already include sexual orientation-motivated crimes in their hate crimes statutes," said Executive Director Dan Furmansky. "Governor Ehrlich has a responsibility to protect a large group of Maryland citizens who are disproportionately the victims of criminal acts motivated by bias. As a co-sponsor of the bill that created Maryland's existing hate crimes statute, Governor Ehrlich took the lead in creating a separate cause of action for crimes motivated by a victim's race, religious, or national origin. I urge the Governor to listen to the statistics and act accordingly."

Just four months ago, the FBI announced that sexual orientation-based hate crime had become the second highest category of hate crime offenses in the United States. Violent crime throughout the United States has been declining in recent years, yet hate crimes against gay, lesbian, bisexual and transgender people continue to rise. According to the FBI, there were a total of 1,430 hate crime offenses based on sexual orientation reported in 2003 across the country (16.4% of all hate crime offenses). In Maryland, there were a total of 248 bias-motivated criminal incidents reported for 2003. Crimes based on sexual orientation increased over the previous year.

"The intent of penalty-enhancement hate crime laws is not only to increase reporting and reassure targeted groups by imposing serious punishment on hate crime perpetrators, but also to deter these crimes by demonstrating that they will be dealt with in a serious manner," Furmansky said. "I urge Governor Ehrlich to recognize that all Marylanders have a stake in effective response to violent bigotry."

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Other Facts About Hate Crimes Legislation:

  • The Hate Crimes Penalties Act had broad support: House Bill 692 passed by a vote of 93-41. A Senate companion bill, sponsored by Senator John Giannetti (D-Prince George's & Anne Arundel Counties), passed 31-13.
  • The U.S. Supreme Court unanimously rejected a First Amendment challenge to the constitutionality of hate crimes laws in Wisconsin v. Mitchell, 508 U.S. 476 (1993), stating that a defendant's motive for committing a crime has traditionally been an important factor in sentencing Precedent for the use of discriminatory motive to define acts that would violate a statute could be found in various civil rights laws, wrote Chief Justice Rehnquist. The Chief Justice wrote that those crimes "which are the most destructive of the public safety and happiness" should be most severely punished.
  • Twenty-nine (29) states plus the District of Columbia have hate crime laws that include sexual orientation. Eight (8) of those states, plus D.C., also include gender identity.
  • Hate crimes, including those motivated by anti-gay, anti-transgender bias, often involve extreme levels of violence. According to Albert Moskovitz of the Criminal Law Section, Civil Rights Division of the Department of Justice, "The reason that these crimes are so violent is because the perpetrator is lashing out at a whole people. The violence is meant to hurt thousands rather than just one."
  • Under bias-crime laws, no one can be punished merely for bigoted thoughts, ideology, or speech.
  • Other organizations speaking out in favor of the Hate Crimes Penalties Act:
    • American-Arab Anti-Discrimination Committee - ADC
    • American Jewish Committee
    • Anti-Defamation League
    • Episcopal Diocese of Maryland
    • Hadassah, The Women's Zionist Organization of America
    • Human Rights Campaign
    • Japanese American Citizens League
    • Maryland NOW
    • NA'AMAT USA
    • National Association for Multicultural Education
    • National Council of Jewish Women, Maryland State Public Affairs
    • National Organization for Women
    • Organization of Chinese Americans
    • Presbytery of Maryland
    • Sikh Mediawatch and Resource Task Force (SMART)

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    Equality Maryland is Maryland’s largest civil rights organization, focused on making life better for gay, lesbian, bisexual and transgender citizens of Maryland. Equality Maryland works to secure and protect the rights of gay, lesbian, bisexual and transgender Marylanders by promoting legislative initiatives on the state, county and municipal levels and educating the public about the issues faced by our diverse community.

    Equality Maryland can be found online at www.EqualityMaryland.org

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