Anti-lynching law passes in Senate after 100 years of failed attempts

Bill passes unanimously via voice vote

Statue depicting chained people at the National Memorial for Peace and Justice (AP)

After a century of failed attempts, the US Senate has finally passed legislation that would make lynching a federal crime.

Congress passed The Justice for Victims of Lynching Act unanimously on Wednesday. Lynching is defined as when a mob of people attack and kill an individual without due process.

Under the bill, lynching could be punished by a sentence of up to life in prison. That would be additional charge that would sit alongside a murder charge.

The new bill was a bipartisan effort introduced in June by three black senators, Democrats Kamala Harris and Cory Booker and Republican Tim Scott. Similar bills have been introduced to Congress roughly 200 times, starting a century ago, and until now, the bills have always failed. The new law recognises the history of lynching and the lack of legal action taken against perpetrators in the past.

The text of the bill also says “An apology offered in the spirit of true repentance moves the United States toward reconciliation and may become central to a new understanding, on which improved racial relations can be forged.”

Lynching reached its peak in the United States between 1882 and 1968, when, according to the National Association for the Advancement of Colored People (NAACP), there were 4,742 reports of people being lynched.

“Lynching is a dark and despicable aspect of our nation’s history,” Ms Harris tweeted after the vote. “We must acknowledge that fact lest we repeat it.”

A corresponding bill in the House of Representatives was also introduced in June and remains in committee.

With a new session of Congress set to be seated in January, it is likely both bills will need to be re-introduced.

Lynching took place primarily in the south, and mostly against black men. The NAACP was formed largely in response to lynching.

The law specifically addresses the anti-black history of lynching, but also extends acknowledgement and protection to other marginalized groups. The bill specifically addresses “offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, [and] disability.”