OR Memorial (draft)
The following was submitted September 27, 2024, to the Oregon Legislative Counsel (LC) to draft bills in the proper legal language, the second step of the legislative process. This Memorial (“LC2984”) was submitted by Senator Kim Thatcher and will be directed to Congress as a kind of escalation of Ron Wyden’s DoJ Inquiry.
SUMMARY
Urges Congress to conduct public hearings on anti-military bias and improve enforcement of hate crimes protections for military families.
JOINT MEMORIAL
To the President of the United States and the Senate and the House of Representatives of the United States of America, in Congress assembled:
We, your memorialists, the Eighty Second Legislative Assembly of the State of Oregon, in legislative session assembled, respectfully represent as follows:
Whereas Oregon is statutorily obligated to our residents to “ensure the human dignity of all people within this state and protect their health, safety and morals from the consequences of intergroup hostility, tensions and practices of unlawful discrimination of any kind”; and
Whereas Americans are entitled under the Fourteenth Amendment to “the equal protection of the laws” of our nation; and
Whereas Section 4712 of the Hate Crimes Prevention Act of 2009, known as the Soldiers Amendment, included protections for military families; and
Whereas the Soldiers Amendment became 18 U.S.C. § 1389 on October 22, 2009; and
Whereas A hate or bias crime likely occurred in Oregon when the Albany American Legion Post 10 was burned to the ground on July 4, 2020; and
Whereas the Department of Justice has chosen not to charge multiple domestic terrorists under 18 U.S.C. § 1389 for hate crimes; and
Whereas criminal enhancements for bias crimes are necessary because hate “devastates not just the actual victim… but frequently savages the community sharing the traits that caused the victim to be selected.”; and
Whereas military families, by their sacrifice of blood, sweat, and tears, secure American rights and freedoms while “at elevated risk of suicide.”; and
Whereas hate crimes against military families cannot be deterred without public awareness of the anti-military bias motivating them; and
Whereas failing to enforce 18 USC 1389 deprives military families of their civil rights; and
Whereas FBI Director Christopher Wray previously failed to act on a Congressional Inquiry from Representative David Trone (MD-6) on this matter; and
Whereas Oregon law enforcement agencies cannot meaningfully fulfill their statutory obligations without federal guidance and support, which the Department of Justice has not provided in regards to 18 U.S.C. § 1389; now, therefore,
Be It Resolved by the Legislative Assembly of the State of Oregon:
(1) The Congress of the United States is urged to conduct public hearings on anti-military bias and improve enforcement of hate crimes protections for military families.
(2) A copy of this memorial shall be sent to the Senate Majority Leader, to the Speaker of the House of Representatives and to each member of the Oregon Congressional Delegation.
