Monday, May 6, 2024

Proposed legislation fights hate crimes

March 13, 2001

A group of legislators and activists joined together Monday morning to introduce new legislation that may help combat hate crimes and discrimination against lesbian, gay, bisexual and transgendered people.

“Right now, people can be punished for hate crimes performed for ethnic or racial reasons, but not for sexual orientation,” said state Rep. Gilda Jacobs, D-Huntington Woods, one of the state representatives who has worked on the legislation since her last term. Jacobs also serves as the House minority floor leader.

“I really feel as though we can’t treat people any differently.”

Leaders from the Triangle Foundation, Michigan’s statewide civil rights, advocacy and anti-violence organization for LBGT people, and several state legislators unveiled the proposals in the hopes that discrimination based on sexual orientation can be eliminated.

The proposed legislation includes three bills - which would amend current hate crime legislation to include both sexual orientation and people with disabilities - which Jacobs said is also not included in current Michigan law. The bills also establish guidelines for punishment based on the severity of any violation of the hate crimes.

In a written statement, the Triangle Foundation stated 40 states have hate crime laws enacted, and more than half of those include the term “sexual orientation.” Michigan does not have any such laws in place.

“Michigan should join the growing list of states that are sending the message that discrimination based on sexual orientation is wrong and should not be a consideration in employment, housing and public accommodations,” Jeffrey Montgomery, executive director of the Triangle Foundation, said in the written statement.

Current hate crime legislation includes unwanted physical contact with another person, any action that damages, destroys or defaces any real or personal property of another person, or threatening by word or act to make physical contact or damage property if there is reasonable cause to believe the threatened act will occur.

The punishment for ethnic intimidation, which is a felony, is up to two years imprisonment or a fine of up to $5,000, or both.

A report released by the FBI last month said a total of 7,876 hate crime incidents were reported in 1999.

While all the lawmakers involved are hopeful the legislation, which has been introduced in various forms throughout the last three House sessions, will pass - making Michigan one of an increasing number of states to enact such laws - not all involved are sure it will be easy.

“We’re actually behind the curve,” said Pan Godchaux of Birmingham, the only Republican legislator to appear at the presentation Monday morning. Godchaux cited the rising number of sexual orientation crimes occurring and a number of states that have already taken action.

The previous attempts to pass such legislation were met with resistance, leading Godchaux and her colleagues to refrain from being too optimistic.

While some may point to Godchaux’s own party for the bulk of the resistance, she said it is not the only problem. The nature of the bill may lead some legislators to refrain from supporting it in order to continue working as Michigan lawmakers.

“There are other Republicans who want this to pass - I’m just the one willing to step up for it,” she said. “Some of the changes we’ve made in this state didn’t get done in three terms. We’ve just got to keep working at it.”

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