Is the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act constitutional?
The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is fully consistent with established constitutional law, including First Amendment precedent and the Supreme Court’s decision in United States v. Lopez. The Act itself and the existing federal criminal civil rights statute that the Act amends, 18 U.S.C. § 245, only apply to acts of violence, not speech. The existing statute has been upheld under the Commerce Clause, section 5 of the Fourteenth Amendment and the Thirteenth Amendment. Because the Act requires a direct link to interstate commerce before the federal government can prosecute a crime based on sexual orientation, gender, gender identity or disability, the Act is fully consistent with the Supreme Court’s decision in Lopez.
