What's the Impact of the Matthew Shepard Act?

Today, the Senate joined the House in passing the Matthew Shepard Act, which provides for stricter sentences if a crime appears to be motivated by anti-gay bias. It's near certain that Obama will sign it, giving the Human Rights Campaign a public relations boost and likely a fundraising bump. But in reality, the lobbying crusade for this legislation doesn't amount to much more than wasted effort and lost opportunity.

Hate-crimes legislation is symbolic: It sends the message that anti-gay prejudice is abhorrent. But it does little for gay victims. Stricter sentencing might send a message to bigots, but by then it is probably too late. Even the bill's proponents concede that it is unlikely to prevent violence against gays and lesbians. If that is really the goal -- and it should be -- why not prioritize education and activism instead?

I don't think that all crimes are hate crimes and that this is a form of thought-policing like some, but I do question whether the movement should have spent hundreds of thousands of dollars and countless hours fighting for a bill that kicks in after damage is done when gays and lesbians can still be fired in most states for being gay. The Employment Non-Discrimination Act (ENDA) would have a significant and concrete effect on how most gay people live their lives, but it's taken a backseat to the HRC's strangely single-minded campaign to get the Matthew Shepard Act passed.

Congress' heart may be in the right place, but it would be better for them to make a move where it makes a difference.

--Gabriel Arana