WHY DID THE USCCR EXCLUDE MILITARY CIVIL RIGHTS?

Did the Commission on Civil Rights Commit a Civil Rights Violation by Omitting 18 USC § 1389 from its Hate Crimes Report?

On November 13th, two days after Veterans Day, the United States Commission on Civil Rights (USCCR) released a report titled “In the Name of Hate: Examining the Federal Government’s Role in Responding to Hate Crimes.” Integral to their report is the Matthew Shepherd and James Byrd Jr. Hate Crimes Prevention Act (HCPA) of 2009, which created new federal protections from hate crimes motivated by gender identity, sexual orientation, disability, and military service.

HCPA as seen in Pub. L 111–84, the 2010 National Defense Authorization Act

The Commission’s report fails to mention any of the protections extended to 4.8 million current military personnel and their families under the HCPA.

The Commission’s Public Affairs Officer, Brian Walch, has failed to reply to emails and phone calls asking why the USCCR has excluded 18 USC § 1389 from their report (known as “The Soldiers Amendment” when the HCPA passed). During an open conference call the day the report was released, Chairwoman Catherine Lhamon (pictured above) invited questions from the public. Although I queued up to ask the question I had been asking her PAO, an operator stated “there are no more questions” before ending the call more than 10 minutes before the advertised end-time.

In excluding millions of American citizens from the benefits of membership in our union, the USCCR has violated not only their statutory obligations but also the rights of military families as well.

Why is this important?

The USCCR is funded by Congress to hold hearings, release studies, and otherwise promote civil rights awareness. Employees and Commissioners are federal employees, and the Commission is a federal agency. In excluding millions of American citizens from the benefits of membership in our union, the USCCR has violated not only their statutory obligations but also the rights of military families as well. However, because the Commission does not have an Inspector General, the only way to hold the Commission accountable is through direct engagement from individuals like you.

What can you do?

You can call the USCCR at (202) 376–7700 and ask them why they cut soldiers, veterans, and military families out of their civil rights or leave a voicemail for the PAO, Brian Walch, at (202) 376–8371. You can also ask Commission Chair Catherine Lhamon (@CatherineLhamon )how this happened and why the Commission she leads has remained silent on civil rights for soldiers and their families.

Unfortunately, the USCCR is not the only federal agency derelict in its duties to our nation’s military. The Department of Justice and the FBI are also failing in their responsibilities under 18 USC § 1389. Hopefully that will change soon. My Representative, David Trone (MD-6), is preparing to send a letter to the Department of Justice and FBI asking them similar questions. You can contact your Members of Congress and ask them to sign Rep. Trone’s letter, but they only have until Friday, November 22nd to add their name.

I hope you will add your name to the growing list of people doing more for our soldiers and veterans than just saying, “thank you.” Words matter, but so do our actions. Please take action today; it’s like Dr. Martin Luther King Jr. said, “It’s never too late for [GI] Justice.”