Hate Crimes Legislation

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To dispel the myths and rumors circulating the recently signed expansion to the Federal Hate Crimes Legislation, find below three relevant sections of the Matthew Shepard Act from the Library of Congress which clearly shows why hate crimes legislation is needed and that the bill is designed only to prosecute those who perform physical acts of violence and will not punish anyone because of religious beliefs or exercising first amendment rights to express those beliefs.  Looking at the actual language of the bill will show that such allegations made by those who do not support the expansion of the Federal Hate Crimes legislation of 1969 are not based on any such restrictive language in the bill. Additionally, this same bill also extends the same protections to people based on their religious beliefs as well.  The notion that this bill some how discriminates against Christians or any other religious group is clearly without merit.

SEC. 2. FINDINGS.
  • Congress makes the following findings:
    • (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem.
    • (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive.
    • (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.
    • (4) Existing Federal law is inadequate to address this problem.
    • (5) A prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.
    • (6) Such violence substantially affects interstate commerce in many ways, including the following:
              • (7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude.
              • (8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct `races'. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States.
              • (9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes.
              • (10) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States, local jurisdictions, and Indian tribes.
            SEC. 4707. PROHIBITION OF CERTAIN HATE CRIME ACTS.
            • (a) In General- Chapter 13 of title 18, United States Code, is amended by adding at the end the following:
            Sec. 249. Hate crime acts
              • (2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-
                • (A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person--
                • (i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
                • (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
                • title, or both, and shall be subject to the penalty of death in accordance with chapter 228 (if death results from the offense), if--
                • (i) death results from the offense; or
                • (ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
            SEC. 4711. CONSTRUCTION AND APPLICATION.
            • Nothing in this division, or an amendment made by this division, shall be construed or applied in a manner that infringes on any rights under the first amendment to the Constitution of the United States, or substantially burdens any exercise of religion (regardless of whether compelled by, or central to, a system of religious belief), speech, expression, association, if such exercise of religion, speech, expression, or association was not intended to--
              • (1) plan or prepare for an act of physical violence; or
              • (2) incite an imminent act of physical violence against another.
              • (3) FREE EXPRESSION- Nothing in this division shall be construed to allow prosecution based solely upon an individual's expression of racial, religious, political, or other beliefs or solely upon an individual's membership in a group advocating or espousing such beliefs.
              • (4) FIRST AMENDMENT- Nothing in this division, or an amendment made by this division, shall be construed to diminish any rights under the first amendment to the Constitution of the United States.
              • (5) CONSTITUTIONAL PROTECTIONS- Nothing in this division 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 to the Constitution of the United States and peaceful picketing or demonstration.

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            Health Care Reform - The Facts

            Find below the e-mail sent by David Axelrod, Senior Advisor to President Obama, outlining some specific issues regarding the current debate over Health Care Reform. The White House has also published a website that contains FAQs and additional information regarding the current Health Care Reform legislation. As I've mentioned in my previous post, this is very important legislation that will affect all of us and it is imperative that the real facts of the legislation be known. The lies, the misinformation, and the fear mongering must be checked if we want to have a serious debate on these important issues.
            ---------------------
            Dear Friend, 

            This is probably one of the longest emails I’ve ever sent, but it could be the most important. 
            Across the country we are seeing vigorous debate about health insurance reform. 

            Unfortunately, some of the old tactics we know so well are back — even the viral emails that fly unchecked and under the radar, spreading all sorts of lies and distortions. 

            As President Obama said at the town hall in New Hampshire, "where we do disagree, let's disagree over things that are real, not these wild misrepresentations that bear no resemblance to anything that's actually been proposed." 

            So let’s start a chain email of our own. At the end of my email, you’ll find a lot of information about health insurance reform, distilled into 8 ways reform provides security and stability to those with or without coverage, 8 common myths about reform and 8 reasons we need health insurance reform now. 

            Right now, someone you know probably has a question about reform that could be answered by what’s below. So what are you waiting for? Forward this email. 

            Thanks, 
            David 

            David Axelrod 
            Senior Adviser to the President 

            8 ways reform provides security and stability to those with or without coverage
            • Ends Discrimination for Pre-Existing Conditions: Insurance companies will be prohibited from refusing you coverage because of your medical history.
            • Ends Exorbitant Out-of-Pocket Expenses, Deductibles or Co-Pays: Insurance companies will have to abide by yearly caps on how much they can charge for out-of-pocket expenses.
            • Ends Cost-Sharing for Preventive Care: Insurance companies must fully cover, without charge, regular checkups and tests that help you prevent illness, such as mammograms or eye and foot exams for diabetics.
            • Ends Dropping of Coverage for Seriously Ill: Insurance companies will be prohibited from dropping or watering down insurance coverage for those who become seriously ill.
            • Ends Gender Discrimination: Insurance companies will be prohibited from charging you more because of your gender.
            • Ends Annual or Lifetime Caps on Coverage: Insurance companies will be prevented from placing annual or lifetime caps on the coverage you receive.
            • Extends Coverage for Young Adults: Children would continue to be eligible for family coverage through the age of 26.
            • Guarantees Insurance Renewal: Insurance companies will be required to renew any policy as long as the policyholder pays their premium in full. Insurance companies won't be allowed to refuse renewal because someone became sick.
            Learn more and get details: http://www.WhiteHouse.gov/health-insurance-consumer-protections/ 

            8 common myths about health insurance reform
            • Reform will stop "rationing" - not increase it: It’s a myth that reform will mean a "government takeover" of health care or lead to "rationing." To the contrary, reform will forbid many forms of rationing that are currently being used by insurance companies.
            • We can’t afford reform: It's the status quo we can't afford. It’s a myth that reform will bust the budget. To the contrary, the President has identified ways to pay for the vast majority of the up-front costs by cutting waste, fraud, and abuse within existing government health programs; ending big subsidies to insurance companies; and increasing efficiency with such steps as coordinating care and streamlining paperwork. In the long term, reform can help bring down costs that will otherwise lead to a fiscal crisis.
            • Reform would encourage "euthanasia": It does not. It’s a malicious myth that reform would encourage or even require euthanasia for seniors. For seniors who want to consult with their family and physicians about end-of life decisions, reform will help to cover these voluntary, private consultations for those who want help with these personal and difficult family decisions.
            • Vets' health care is safe and sound: It’s a myth that health insurance reform will affect veterans' access to the care they get now. To the contrary, the President's budget significantly expands coverage under the VA, extending care to 500,000 more veterans who were previously excluded. The VA Healthcare system will continue to be available for all eligible veterans.
            • Reform will benefit small business - not burden it: It’s a myth that health insurance reform will hurt small businesses. To the contrary, reform will ease the burdens on small businesses, provide tax credits to help them pay for employee coverage and help level the playing field with big firms who pay much less to cover their employees on average.
            • Your Medicare is safe, and stronger with reform: It’s myth that Health Insurance Reform would be financed by cutting Medicare benefits. To the contrary, reform will improve the long-term financial health of Medicare, ensure better coordination, eliminate waste and unnecessary subsidies to insurance companies, and help to close the Medicare "doughnut" hole to make prescription drugs more affordable for seniors.
            • You can keep your own insurance: It’s myth that reform will force you out of your current insurance plan or force you to change doctors. To the contrary, reform will expand your choices, not eliminate them.
            • No, government will not do anything with your bank account: It is an absurd myth that government will be in charge of your bank accounts.  Health insurance reform will simplify administration, making it easier and more convenient for you to pay bills in a method that you choose.  Just like paying a phone bill or a utility bill, you can pay by traditional check, or by a direct electronic payment. And forms will be standardized so they will be easier to understand. The choice is up to you – and the same rules of privacy will apply as they do for all other electronic payments that people make.
            Learn more and get details: 
            http://www.WhiteHouse.gov/realitycheck 
            http://www.WhiteHouse.gov/realitycheck/faq 

            8 Reasons We Need Health Insurance Reform Now
            • Coverage Denied to Millions: A recent national survey estimated that 12.6 million non-elderly adults – 36 percent of those who tried to purchase health insurance directly from an insurance company in the individual insurance market – were in fact discriminated against because of a pre-existing condition in the previous three years or dropped from coverage when they became seriously ill. Learn more:http://www.healthreform.gov/reports/denied_coverage/index.html
            • Less Care for More Costs: With each passing year, Americans are paying more for health care coverage. Employer-sponsored health insurance premiums have nearly doubled since 2000, a rate three times faster than wages. In 2008, the average premium for a family plan purchased through an employer was $12,680, nearly the annual earnings of a full-time minimum wage job.  Americans pay more than ever for health insurance, but get less coverage. Learn more:http://www.healthreform.gov/reports/hiddencosts/index.html
            • Roadblocks to Care for Women: Women’s reproductive health requires more regular contact with health care providers, including yearly pap smears, mammograms, and obstetric care. Women are also more likely to report fair or poor health than men (9.5% versus 9.0%). While rates of chronic conditions such as diabetes and high blood pressure are similar to men, women are twice as likely to suffer from headaches and are more likely to experience joint, back or neck pain. These chronic conditions often require regular and frequent treatment and follow-up care. Learn more: http://www.healthreform.gov/reports/women/index.html
            • Hard Times in the Heartland: Throughout rural America, there are nearly 50 million people who face challenges in accessing health care. The past several decades have consistently shown higher rates of poverty, mortality, uninsurance, and limited access to a primary health care provider in rural areas. With the recent economic downturn, there is potential for an increase in many of the health disparities and access concerns that are already elevated in rural communities. Learn more: http://www.healthreform.gov/reports/hardtimes
            • Small Businesses Struggle to Provide Health Coverage: Nearly one-third of the uninsured – 13 million people – are employees of firms with less than 100 workers. From 2000 to 2007, the proportion of non-elderly Americans covered by employer-based health insurance fell from 66% to 61%. Much of this decline stems from small business. The percentage of small businesses offering coverage dropped from 68% to 59%, while large firms held stable at 99%. About a third of such workers in firms with fewer than 50 employees obtain insurance through a spouse. Learn more: http://www.healthreform.gov/reports/helpbottomline
            • The Tragedies are Personal: Half of all personal bankruptcies are at least partly the result of medical expenses. The typical elderly couple may have to save nearly $300,000 to pay for health costs not covered by Medicare alone. Learn more:http://www.healthreform.gov/reports/inaction
            • Diminishing Access to Care: From 2000 to 2007, the proportion of non-elderly Americans covered by employer-based health insurance fell from 66% to 61%. An estimated 87 million people - one in every three Americans under the age of 65 - were uninsured at some point in 2007 and 2008. More than 80% of the uninsured are in working families. Learn more:http://www.healthreform.gov/reports/inaction/diminishing/index.html
            • The Trends are Troubling: Without reform, health care costs will continue to skyrocket unabated, putting unbearable strain on families, businesses, and state and federal government budgets. Perhaps the most visible sign of the need for health care reform is the 46 million Americans currently without health insurance - projections suggest that this number will rise to about 72 million in 2040 in the absence of reform. Learn more:http://www.WhiteHouse.gov/assets/documents/CEA_Health_Care_Report.pdf


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            Heard It On The Newsvine

            As I mentioned in the previous article I have been spending some time in the Newsvine discussion forums over at MSNBC. For each story published to their website they provide a discussion forum so that everyday folks like you and I can join in and add our two cents on any given subject or article. I think it's a great idea and really allows for some dynamic interchange of thoughts and ideas on current and breaking news events. Since I don't get that many comments here on TD3k Speaks, it has been a bit more interesting over there with people leaving comments on your comments. Blogging is more fun when people interact and leave opinions, regardless if they agree with you or not.

            However, I have to say, there is also a large number of people in the discussion forums that are there for the express purpose of trolling and slandering anyone who disagrees with their opinion. Such juvenile behavior is nothing new, but it can be very irritating and even disturbing. There are some truly mean and hateful people in this world I am sad to say. I have seen hate filled rants and comments on subjects ranging from the health care debate, politics, and of course religion. I have been particularly discouraged by those who feel that the health care system in the US is just fine and think it should be left alone. They have their coverage and they don't really care whether anyone else does or not. There are those who are so partisan and biased in their comments as to be completely illogical and almost impossible to comprehend. These comments occur on both sides of the political fence, but the Obama-haters are particularly vocal at the moment. And then you have comments from people who just like to make a comment or leave an opinion on the topic at hand. It is always interesting reading if you can get past those who are insisting that everyone agree with them or those who proclaim without discretion that if you disagree with them then you are an idiot.

            I've added some links in the sidebar for the
            RSS feeds on the articles and the comments that I have posted. Check those out and join in the conversation if you like or start your own newsvine account and join in the fun. It is free and rather entertaining. As you contribute by adding comments to various articles, you increase your "Vineacity" rating which is a graphical icon representing your earned reputation. I just recently earned the rank of "Fruitfulness" (see diagram below).

            vineacity


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